IN THE
TENTH COURT OF APPEALS
No. 10-13-00160-CR
ARACELI TELLO,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 272nd District Court
Brazos County, Texas
Trial Court No. 12-02891-CRF-272
ABATEMENT ORDER
The reporter’s record in the above cause has not been filed. The record has
apparently not been filed because Appellant’s appointed counsel has failed to request
that it be prepared. In a letter dated May 29, 2013, the Clerk of the Court notified
Appellant that if she desired to have the reporter’s record for appeal, then she must
request that it be prepared and simultaneously notify us of that request within twenty-
one days after the date of our letter. The Clerk also notified Appellant that if she did
not desire to have the reporter’s record for this appeal, she must notify the court within
fourteen days of the date of the letter that the reporter’s record would not be requested.
The Clerk also warned Appellant that if the reporter’s record was not requested within
twenty-one days, the appeal would nevertheless proceed on the clerk’s record alone.
We have received neither the reporter’s record nor any response from Appellant.
On further consideration, because Appellant’s counsel is appointed, the Court
abates this cause to the trial court with instructions to hold a hearing to determine: (1)
why Appellant’s attorney has failed to request that the reporter’s record be prepared
and why he has failed to respond to our letter attempting to resolve the issue; (2)
whether Appellant’s attorney has abandoned the appeal; (3) whether Appellant still
desires to proceed with the appeal; (4) whether Appellant is receiving effective
assistance of counsel; and (5) whether Appellant desires to represent herself or obtain
new counsel. See TEX. R. APP. P. 37.3(a)(2).
The trial court shall conduct the hearing within twenty-one (21) days after the
date of this order. The trial court clerk and court reporter shall file supplemental
records within thirty-five (35) days after the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Cause abated
Order issued and filed September 19, 2013
Do not publish
Tello v. State Page 2