Opinion
13-24-00186-CR
07-16-2024
THE STATE OF TEXAS, Appellant, v. VANESSA TIJERINA, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 197TH DISTRICT COURT OF CAMERON COUNTY, TEXAS
Before Chief Justice Contreras and Justices Tijerina and Peña
ORDER OF ABATEMENT
PER CURIAM
The cause is before the court on its own motion. The clerk's record was originally due to be filed on or before May 17, 2024, and is now past due. On May 21, 2024, the Clerk of the Court sent notice to appellant indicating that the deputy district clerk, Silvia Mata, had notified this Court that appellant had failed to make arrangements for the payment of the clerk's record. See Tex. R. App. 37.3(b). Appellant has failed to respond to the Clerk's notice, and the clerk's record is still past due.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See Tex. R. App. 37.3(a)(2). Accordingly, this appeal is abated, and the cause remanded to the trial court. On remand, the judge of the trial court shall cause notice to be given and conduct a hearing to determine the following:
1. Whether appellant desires to prosecute this appeal;
2. Whether appellant has effectively abandoned the appeal; and,
3. What orders, if any, should be entered to ensure the proper 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 a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.