NUMBER 13-16-00220-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JEREMY JAY CUEVAS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On Appeal from the 156th District Court
of Bee County, Texas.
SUPPLEMENTAL ABATEMENT ORDER
Before Justices Rodriguez, Contreras, and Longoria
Order Per Curiam
Appellant’s brief was originally due on July 27, 2016. This Court previously
granted appellant three extensions of time to file the brief with the brief being due on
October 17, 2016. On October 24, 2016, the Clerk of the Court notified appellant’s
counsel that the brief had not been filed and requested a response concerning the failure
to file the brief within ten days. Counsel nevertheless failed to file either a response or
an appellate brief in this matter. We abated and remanded this appeal to the trial court
for further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate
Procedure and directed the trial court 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.
We have now received the trial court’s findings, and the trial court recommended
that appellant’s counsel be allowed an extension of time until January 27, 2017, to file the
brief in this matter. Counsel nevertheless failed to file a brief. On February 3, 2017, the
Clerk of the Court notified appellant’s counsel that the brief had not been filed and
requested a response concerning the failure to file the brief within ten days. Instead of
filing the brief, appellant filed a “Motion to Abate or in the Alternative to Extend Time to
File Appellant’s Brief.” According to this motion, appellant has recently filed a motion for
new trial based on newly discovered evidence pertaining to juror misconduct, and
appellant is seeking a hearing in the trial court regarding same.
Based on the foregoing, we direct the trial court 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
2
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, email
address, 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 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 27th day of February, 2017.
3