NUMBER 13-15-00010-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
PAULO TREVINO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 214th District Court
of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Benavides and Perkes
Order Per Curiam
This cause is currently before the Court because appellant’s counsel has failed to
file appellant’s brief after requesting and receiving four extensions of time to file the brief.
The reporter’s record was filed on January 26, 2015 and appellant’s brief was originally
due to be filed thirty days thereafter. See TEX. R. APP. P. 38.6(a). On June 11, 2015,
this Court granted appellant’s fourth extension of time to file the brief and ordered the
Honorable Roberto G. Vela to file the brief on or before June 26, 2015. The Court stated
that it looked “with disfavor on the delay caused by counsel’s failure to timely file a brief
in this matter,” and notified counsel that no further extensions would be granted “absent
exigent circumstances.” We further stated that if counsel failed to file the brief within the
specified period of time, the Court would act appropriately to ensure that appellant's rights
were protected. See TEX. R. APP. P. 38.8(b)(4). Counsel has nevertheless failed to file
the brief as ordered and has further failed to file any motion for extension of time, much
less a motion alleging that exigent circumstances warrant an extension.
Accordingly, we now ABATE this appeal and REMAND the cause to the trial court
for further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate
Procedure. Upon remand, the trial court shall utilize whatever means necessary to make
appropriate findings and recommendations concerning the following: (1) whether
appellant desires to prosecute this appeal; (2) why appellant's counsel has failed to file a
brief and whether counsel has effectively abandoned the appeal; (3) whether appellant
has been denied effective assistance of counsel; (4) whether appellant's counsel should
be removed; and (5) whether appellant is indigent and entitled to court-appointed counsel.
If the trial court determines that appellant does want to continue the appeal, that
present counsel should be removed, and that appellant is indigent and entitled to
court-appointed counsel, the trial court shall appoint new counsel to represent appellant
in this appeal. If new counsel is appointed, the name, address, telephone number, email
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address, and state bar number of said counsel shall be included in an order appointing
counsel.
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.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
14th day of July, 2015.
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