NUMBER 13-13-00334-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
GABRIEL E. TORRES, Appellant,
v.
THE STATE OF TEXAS, Appellees.
On appeal from the 319th District Court
of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Benavides and Longoria
Order Per Curiam
This cause is before the Court because the court reporter, Esther Natividad, has
failed to timely file the reporter’s record. The reporter’s record in this cause was
originally due to be filed on September 18, 2013. The reporter has previously requested
and received a prior extension of time to file the record, granting the reporter until
November 4, 2013 to file the record. On December 2, 2013 the reporter was notified that
the record was late and was directed to file the record within 30 days. As of this date, the
record has not been filed.
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 is ABATED and the cause REMANDED to the trial court.
Upon remand, the judge of the trial court shall immediately cause notice to be
given and conduct a hearing to determine whether appellant has abandoned his appeal.
If it is determined that appellant has not abandoned his appeal, the court shall further
determine if appellants’ attorney of record continues to represent appellant and will
diligently pursue this appeal.
The court shall further determine if the reporter’s record, or any part thereof, has
been lost or destroyed, and shall make appropriate findings under Tex. R. App. P. 34.6(f),
if necessary. Otherwise, the court shall determine what steps are necessary to ensure
the prompt preparation of a reporter's record, and shall enter any orders required to avoid
further delay and to preserve the parties’ rights.
The trial court shall prepare and file its findings and orders and cause them to be
included in a supplemental clerk's record which should be submitted to the Clerk of this
Court within thirty days from the date of this order.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
10th day of February, 2014.
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