NUMBER 13-14-00661-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ELIAS GAITAN, Appellant,
V.
THE STATE OF TEXAS, Appellee.
On appeal from the 357th District Court
of Cameron County, Texas.
ORDER ABATING APPEAL
Before Chief Justice Valdez and Justices Rodriguez and Garza
Order Per Curiam
This cause is before the Court regarding the appellant’s failure to file a designation
and make arrangements for preparation of the clerk’s record. On January 5, 2015, the
Clerk of this Court notified appellant that the clerk’s record was originally due on January
5, 2015, and that the deputy district clerk, Yvonne Calzada, had notified this Court that
appellant failed to file a designation and make payment arrangements for preparation of
the clerk’s record. Appellant was advised that, if the defect was not corrected within ten
days from the date of receipt of the notice, the matter would be referred to the Court for
appropriate action. See TEX. R. APP. P. 37.3(a)(2). Appellant failed to respond to the
Court’s notice.
On January 8, 2015, the Clerk of this Court notified appellant that the reporter’s
record was due on January 5, 2015, and that the court reporter, Cynthia L. Garza, had
notified this Court that appellant had failed to request the reporter’s record and make
arrangements for payment of the reporter’s record.
This sequence of events requires us to effectuate our responsibility to avoid further
delay and to preserve the parties' rights. See id. 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 has abandoned his appeal; (2) whether his present attorney will diligently
pursue the appeal; (3) if it be determined that the present attorney will not diligently pursue
the appeal, whether appellant is indigent, and if so, whether other counsel should be
appointed to represent him; (4) if appellant is not indigent and the present attorney will
not diligently pursue the appeal, what steps need to be taken to ensure that appellant will
promptly obtain the services of another attorney to pursue the appeal; and (5) if any other
orders are necessary to ensure the proper and timely pursuit of appellant’s appeal. If
new counsel is appointed, the name, address, telephone number, and state bar number
of said counsel shall be included in an order appointing counsel.
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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 within 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
12th day of February, 2015.
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