Opinion
13-24-00002-CR 13-24-00003-CR
02-13-2024
STEPHANIE LEIGH QUINTANILLA, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 148th District Court of Nueces County, Texas.
Before Chief Justice Contreras and Justices Benavides and Tijerina
ORDER OF ABATEMENT
PER CURIAM
The cause is before the Court on its own motion. On December 29, 2023, appellant filed two notices of appeal attempting to appeal judgments of conviction and sentences entered in trial court cause numbers 18FC1995E and 20FC0216E. However, the trial court's certifications of defendant's right of appeal indicate the matters were plea bargain cases, and the appellant has no right to appeal either cause number.
On January 3, 2024, we ordered appellant's counsel to review the records, determine whether appellant has the right to appeal in either case, and submit a letter of her findings within thirty days. Appellant's counsel has not complied with this order and has failed to otherwise demonstrate appellant has the right to appeal either case.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See Tex. R. App. P. 44.3 and 44.4. Accordingly, these appeals are abated, and the causes are remanded to the trial court. Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether appellant wishes to pursue her appeals; (2) whether appellant has effectively abandoned the appeals; (3) if counsel has abandoned the representation of appellant; (4) whether appellant's rights are adversely affected by a continued delay; (5) whether new counsel should be appointed; and (6) if any other orders are necessary to ensure the proper and timely pursuit of appellant's appeal.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in supplemental clerk's records. Furthermore, the trial court shall cause the supplemental reporter's records of any proceedings to be prepared. The supplemental clerk's records and supplemental reporter's records, if any, shall be filed with the Clerk of this Court within thirty days from the date of this order.