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State v. Evans

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Aug 24, 2017
NUMBER 13-16-00491-CR (Tex. App. Aug. 24, 2017)

Opinion

NUMBER 13-16-00491-CR

08-24-2017

THE STATE OF TEXAS, APPELLANT, v. STELLA EVANS, APPELLEE.


On appeal from the 319th District Court of Nueces County, Texas

ORDER OF ABATEMENT

Before Justices Rodriguez, Contreras, and Benavides
Order Per Curiam

Appellant, the State of Texas, by and through an attorney Pro Tem appointed on January 19, 2017, has filed a motion to extend time to file appellant's brief. The State is requesting an extension of time to file the brief because the reporter's record has not been filed. On February 14, 2017, this Court received a letter from court reporter Esther Natividad indicating that a record was not taken on the date requested by the State.

This situation requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See TEX. R. APP. P. 37.3(a)(2). Accordingly, this appeal is ABATED and the cause REMANDED to the trial court. The State's motion for extension of time to file the brief is CARRIED WITH THE CASE.

Upon remand, the judge of the trial court shall immediately cause notice to be given and conduct a hearing to determine whether the State desires to prosecute this appeal. If it is determined that the State desires to prosecute this appeal, the court shall further determine if the State will diligently pursue this appeal.

The court shall further determine if the reporter's record, or any part thereof, has been lost or destroyed, and shall make appropriate findings under Tex. R. App. P. 34.6(f), if necessary. Otherwise, the court shall determine what steps are necessary to ensure the prompt preparation of a reporter's record, and shall enter any orders required to avoid further delay and to preserve the parties' rights.

The trial court shall prepare and file its findings and orders and cause them to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.

IT IS SO ORDERED.

PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 24th day of August, 2017.


Summaries of

State v. Evans

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Aug 24, 2017
NUMBER 13-16-00491-CR (Tex. App. Aug. 24, 2017)
Case details for

State v. Evans

Case Details

Full title:THE STATE OF TEXAS, APPELLANT, v. STELLA EVANS, APPELLEE.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Aug 24, 2017

Citations

NUMBER 13-16-00491-CR (Tex. App. Aug. 24, 2017)