NUMBER 13-14-00245-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
HECTOR VARGAS HERNANDEZ, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 103rd District Court
of Cameron County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Garza, and Longoria
Order Per Curiam
On November 7, 2014, this Court granted appellant’s motion to extend time to
prepare and file his brief. Appellant had requested that this Court grant a 60 day
extension to allow appellant’s family time to obtain funds to pay the remaining fee for the
reporter’s record. Accordingly, we granted appellant’s motion and abated this appeal,
stating that the appeal would be reinstated upon receipt of the reporter’s record and
further order of this Court.
As of the date that this order was prepared, the court reporter has notified us that
she still has not received the full balance of the funds due for preparation of the court
reporter’s record. More than seven months have passed since we abated this appeal.
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. 37.3(a)(1). Accordingly, this
appeal continues to be 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 has abandoned his appeal or whether appellant desires to prosecute this
appeal; (2) whether appellant is indigent; (3) whether appellant is entitled to a free
appellate record due to indigency; and (4) whether appellant is entitled to appointed
counsel. The trial court shall also consider if any other orders are necessary to ensure
the proper and timely pursuit of appellant’s appeal. If the trial court determines that
appellant does want to continue the appeal and that appellant is indigent and entitled to
court-appointed counsel, the trial court shall appoint counsel to represent appellant in this
appeal. If counsel is appointed, the name, address, telephone number, email address,
and state bar number of the appointed counsel shall be included in any order of
appointment.
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
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clerk's record and shall cause a supplemental reporter's record of any proceedings to be
prepared. The supplemental clerk's record and 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
8th day of July, 2015.
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