NUMBER 13-13-00066-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ERIC ROEL JIMINEZ, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 357th District Court
of Cameron County, Texas.
SUPPLEMENTAL ABATEMENT ORDER
Before Justices Garza, Benavides, and Longoria
Order Per Curiam
This appeal was abated by this Court on January 27, 2014, upon the suggestion
of death of appellant’s retained attorney, Richard R. Rodriguez. Appellant was directed
to notify the Court on or before February 26, 2014, if he retained new counsel and advise
the Court if he believes he is indigent. No response has been received from appellant.
Appellant’s brief was originally due on August 19, 2013. 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 remains
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 appellant is indigent, and if so, whether
counsel should be appointed to represent him; (3) if appellant is not indigent, whether he
has obtained the services of another attorney to pursue the appeal; (4) if appellant is not
indigent, whether he has made the necessary arrangements for filing a brief; 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.
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.
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PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
26th day of March, 2014.
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