NUMBER 13-12-00586-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
MIGUEL MALDONADO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the County Court at Law No. 2
of Hidalgo County, Texas.
ORDER ABATING APPEAL
Before Justices Benavides, Perkes, and Longoria
Order Per Curiam
This cause is before the Court because the court reporter, Alma A. Garza, has
failed to timely file the reporter’s record. The reporter’s record in this cause was
originally due to be filed on October 8, 2012.
On May 13, 2013, we abated and remanded this matter to the trial court for
proceedings under Texas Rule of Appellate Procedure 34.6(f)(4). See TEX. R. APP. P.
34.6(f). The trial court conducted a hearing and issued an order recommending that this
Court grant the reporter until July 26, 2013, to prepare and file a reporter’s record in this
cause. On August 2, 2013, upon the filing of the supplemental clerk’s record, this cause
was reinstated.
On August 6, 2013, the reporter requested an extension of time to file the record
and this was granted by the Court until September 5, 2013. The reporter was informed
that no further extensions would be granted. To date, Ms. Garza has not filed the
reporter’s record.
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 appellant’s attorney of record continues to represent appellants 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
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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
8th day of November, 2013.
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