NUMBER 13-14-00157-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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RANDALL BOLIVAR, Appellant,
v.
THE STATE OF TEXAS, Appellee.
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On appeal from the 107th District Court
of Cameron County, Texas.
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ORDER
Before Justices Garza, Benavides, and Longoria
Order Per Curiam
Currently pending before this Court are four motions filed by appellant, Randall
Bolivar, who is acting pro se. 1 These motions include: (1) a motion for a complete
appellate record; (2) two motions to abate and remand to the trial court to determine
1 Appellant also filed a “First Request for Admissions to the Office of the District Clerk of Cameron
County, Texas,” which we hereby strike.
whether appellant possesses a complete appellate record; and (3) a motion to direct
appellant’s former attorneys to provide appellant with a full appellate record. We
requested the State to file a response to appellant’s motion for a complete appellate
record. After reviewing the appellant’s motions and the State’s response, we GRANT
appellant’s two motions to abate and remand to the trial court. We ORDER the trial court
to hold a hearing to determine whether: (1) appellant has a complete copy of the appellate
record in this case that is necessary to pursue his appeal; and (2) appellant’s former
attorneys possess any specific files or documentation that appellant needs to pursue his
appeal. The trial court is further ordered to make appropriate written findings and
forward such findings and transcription of this hearing to this Court within fifteen days
from the date of this order. If the trial court finds that appellant lacks a complete copy of
the appellate record, or that appellant’s former attorneys possess specific files or
documentation that appellant needs to pursue his appeal, the trial court shall issue any
necessary orders within five days of the hearing to effect such findings, with a compliance
deadline of fifteen days for each order, if any. The trial court is further ordered to forward
any orders it issues on this matter to this Court within fifteen days from the date of this
order. The remaining motion will be carried with the case and will be ruled upon after
the trial court holds a hearing and files the appropriate findings, transcription, and orders,
if any, with this Court. Furthermore, appellant shall file his pro se brief with the Clerk of
this Court within forty-five days of receiving the complete record or files, if any. If the trial
court finds that appellant already possesses a complete appellate record, appellant shall
file his pro se brief with the Clerk of this Court within forty-five days of the trial court’s
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hearing date. The State shall file its response brief within 30 days of appellant filing his
pro se brief with the Clerk of this Court.
As previously stated, if this Court does not receive appellant’s brief as ordered, we
will sua sponte withdraw our previous order on June 5, 2015 striking appellant’s brief filed
by his previous court-appointed counsel, consider it filed, and will submit the appeal for
further review by this Court. This appeal is ordered ABATED.
IT IS SO ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2 (b).
Delivered and filed the
1st day of December, 2015.
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