Opinion
13-23-00440-CR
08-12-2024
OUGO MENCHACA VELA, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 398TH DISTRICT COURT OF HIDALGO COUNTY, TEXAS
Before Justices Benavides, Longoria, and Silva
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on appellant's failure to file a brief. On May 9, 2024, the Clerk of the Court notified appellant's counsel that the brief was past due. In response, appellant filed a motion for extension of time, which was granted. On May 20, 2024, the Clerk of the Court instructed appellant that the time to file a brief was extended to July 17, 2024. On July 18, 2024, the Clerk of the Court notified appellant's counsel that the brief was again past due.
Appellant's counsel has failed to file a brief, request another extension of time to file the brief, or otherwise respond to the notices. 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 appellant wishes to pursue his 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 appellant is indigent and 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 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.