Opinion
13-24-00186-CR
08-12-2024
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Do not publish.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 Justices Benavides, Longoria, and Silva
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on its own motion. On April 10, 2024, the State of Texas filed a notice of appeal challenging an order on motion to quash in trial court cause number 2021-DCR-02357. On June 29, 2024, after the State filed its brief, appellant's counsel sent correspondence indicating that he does not represent the appellee on this appeal, that he does not practice in Texas, and that his office in Texas is closed.
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, 44.4. Accordingly, this appeal is abated, and the cause 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 appellee is aware the appeal is pending; (2) if counsel has abandoned the representation of appellee; (3) whether appellee is indigent and new counsel should be appointed; and if not (4) whether appellee wishes to hire counsel or proceed pro se on the appeal.
The trial court shall cause its finding 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 within thirty days from the date of this order.