NUMBER 13-18-00502-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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EX PARTE ADRIAN GARZA
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On appeal from the 430th District Court
of Hidalgo County, Texas.
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ORDER ABATING APPEAL
Before Chief Justice Valdez and Justices Longoria and Hinojosa
Order Per Curiam
This matter is before the Court because the reporter’s record has not been filed.
The clerk’s record was filed on October 15, 2018. On October 19, 2018, the Clerk of the
Court notified appellant’s retained counsel he had failed to request the reporter’s record
and requested that he forward proof of compliance to the Court within ten days. Counsel
has failed to file a response and the reporter’s record has not been filed.
This situation 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: (1) whether appellant desires to prosecute this
appeal; (2) whether appellant is indigent; (3) whether appellant is entitled to a free
appellate record and appointed counsel due to his indigency; and (4) what steps are
necessary to ensure the prompt preparation of a complete 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 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 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Do not publish.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
5th day of November, 2018.
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