NUMBER 13-13-00420-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
COURTNEY HINOJOSA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court
of De Witt County, Texas.
ORDER OF ABATEMENT
Before Justices Benavides, Perkes, and Longoria
Order Per Curiam
Appellant’s brief was due on October 11, 2013. Pursuant to Texas Rule of
Appellate Procedure 38.8(b)(2), on October 23, 2013, the Clerk of the Court notified
appellant’s counsel that the brief had not been timely filed, requested counsel to file a
response concerning the failure to file the brief within ten days, and warned counsel that
the Court would abate and remand this cause to the trial court for appropriate findings if a
response was not filed. Counsel has nevertheless failed to file either a response or an
appellate brief in this matter.
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 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 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
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and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or
before the expiration of thirty 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
13th day of December, 2013.
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