NUMBER 13-14-00297-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI—EDINBURG
ALEJANDRO BARRIENTES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 107th District Court
of Cameron County, Texas.
ORDER OF ABATEMENT
Before Justices Benavides, Perkes, and Longoria
Order Per Curiam
Appellant, Alejandro Barrientes, has filed a notice of appeal with this Court from
his conviction in trial court cause number 2013-DCR-657-A. On December 12, 2014, we
issued an order determining that appellant’s waiver of the right to appeal was invalid
because the consequences of the waiver were uncertain at the time and he received no
consideration for it. See Ex parte Delaney, 207 S.W.3d 794, 799 (Tex. Crim. App.
2006). In the same order, we directed appellant’s counsel to prepare and file an
appellate brief within thirty days.
The thirty-day deadline imposed by our previous order expired on January
12, 2015. On January 21, 2015, counsel called this Court and stated that he would
file a brief the following day, but no appellate brief or motion for extension of time
has been received in this case. 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 new 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, and
state bar number of the new counsel shall be included in an order appointing said 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
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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 twenty 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
4th day of February, 2015.
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