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State v. Tijerina

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Jul 16, 2024
No. 13-24-00186-CR (Tex. App. Jul. 16, 2024)

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Do not publish.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.


Summaries of

State v. Tijerina

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Jul 16, 2024
No. 13-24-00186-CR (Tex. App. Jul. 16, 2024)
Case details for

State v. Tijerina

Case Details

Full title:THE STATE OF TEXAS, Appellant, v. VANESSA TIJERINA, Appellee.

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Jul 16, 2024

Citations

No. 13-24-00186-CR (Tex. App. Jul. 16, 2024)