In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-13-00194-CR
AIDE CAZAREZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the County Court at Law No. 2
Lubbock County, Texas
Trial Court No. 2012-469569, Honorable Drue Farmer, Presiding
November 7, 2013
ON ABATEMENT AND REMAND
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
On June 13, 2013 appellant, Aide Cazarez, filed a notice of appeal from her
conviction for misdemeanor driving while intoxicated and the resulting 365-day sentence
of confinement in the Lubbock County Jail. The Clerk of this Court received and filed
the trial court clerk’s record on August 9, 2013. The court reporter’s record was filed on
August 26. Appellant’s brief was originally due on September 25, 2013. By letter dated
October 8 and pursuant to Texas Rule of Appellate Procedure 38.8, the Court notified
appellant that her brief was past due and directed that the brief be filed on or before
Friday, October 18, 2013. Further, the Court alerted appellant that failure to abide by
this deadline would result in the appeal being abated and remanded without further
notice. As of the date of this order, appellant has failed to file her brief or a motion for
extension of time to file her brief.
Accordingly, we now abate this appeal and remand the cause to the trial court.
See TEX. R. APP. P. 38.8(b)(2). Upon remand, the trial court is directed to immediately
cause notice to be given of and to conduct a hearing to determine the following: (1)
whether appellant desires to prosecute this appeal; (2) if appellant desires to prosecute
this appeal, whether appellant is indigent and whether appellant desires that counsel be
appointed to represent her on the appeal; and (3) what orders, if any, should be entered
to assure the filing of appropriate notices and documentation to dismiss appellant’s
appeal if appellant does not desire to prosecute this appeal or, if appellant desires to
prosecute this appeal, to assure that the appeal will be diligently pursued. If the trial
court appoints counsel for appellant or if appellant retains counsel, the trial court should
cause the Clerk of this Court to be furnished the name, address, and State Bar of Texas
identification number of the newly-appointed or newly-retained attorney.
The trial court is directed to (1) conduct any necessary hearings; (2) make and
file appropriate findings of fact, conclusions of law, and recommendations and cause
them to be included in a supplemental clerk’s record; (3) cause the hearing proceedings
to be transcribed and included in a supplemental reporter’s record; (4) have a record of
the proceedings made to the extent any of the proceedings are not included in the
supplemental clerk’s record or the supplemental reporter’s record; and (5) cause the
records of the proceedings to be sent to this Court. See TEX. R. APP. P. 38.8(b)(3). In
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the absence of a request for extension of time from the trial court, the supplemental
clerk’s record, supplemental reporter’s record, and any additional proceeding records,
including any orders, findings, conclusions, and recommendations, are to be sent so as
to be received by the Clerk of this Court not later than December 9, 2013.
Per Curiam
Do not publish.
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Aide Cazarez v. State
Combined Opinion