NUMBER 13-16-00289-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOYCE BLACK, Apellant,
V.
THE STATE OF TEXAS, Appellee.
On appeal from the 130th District Court
of Matagorda County, Texas.
ORDER ABATING APPEAL
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Order Per Curiam
This cause is before the Court regarding the preparation of the reporter’s record in
this cause. At the present time, a partial reporter’s record (volume 3 of 9) has been filed
by Nancy Capetillo. According to reporter Cassandra Pope, final payment has not been
made for the remaining volumes.
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)(2). 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 the following: 1) whether appellant desires to
prosecute the appeal; 2) whether retained counsel has abandoned the appeal; 3) whether
appellant is indigent; 4) if appellant is indigent, whether new counsel should be appointed
to represent appellant on appeal; 5) whether appellant is entitled to have the reporter’s
record furnished without charge; 6) if appellant is not entitled to have the reporter’s record
furnished at no charge, the date appellant will request preparation and make acceptable
payment arrangements for the reporter’s record; and 7) what orders, if any, should be
entered to assure the filing of appropriate notices and documentation to dismiss
appellant’s appeal if appellant does not desire to prosecute this appeal, or if appellant
desires to prosecute the appeal, to assure that the reporter’s record will be filed promptly
and that the appeal will be diligently pursued.
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
Do not publish.
Tex. R. App. P. 47.2(b).
Delivered and filed the
the 24th day of October, 2016.
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