TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-11-00109-CR
Ex parte Jorge Gutierrez
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT
NO. D-1-DC-10-203162, HONORABLE MICHAEL LYNCH, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant filed his notice of appeal in 2011. In June 2011, the court reporter informed
us that appellant’s attorney had told her not to continue to work on the reporter’s record because the
case was moot and he would be filing a motion to abate the appeal. We removed the cause from our
calendars in order to wait for counsel’s motion. Counsel never took further action in the case and has
never filed any correspondence with this Court since the notice of appeal was filed. We therefore abate
the appeal to the trial court to hold a hearing to determine whether the cause is moot, whether appellant
wishes to continue the appeal, whether counsel has abandoned the appeal, and whether appellant is
indigent. The trial court should file a supplemental record in this Court no later than June 26, 2013.
_____________________________________________
David Puryear, Justice
Before Justices Puryear, Pemberton and Rose
Abated
Filed: May 17, 2013
Do Not Publish