NUMBER 13-19-00256-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
MARKUS ARMANDO HERRERA, Appellant,
V.
THE STATE OF TEXAS, Appellee.
On Appeal from the 445th District Court
of Cameron County, Texas.
ORDER ABATING APPEAL
Before Justices Benavides, Hinojosa, and Perkes
Order Per Curiam
This cause is before the Court because the clerk’s record has not been filed. On
June 28, 2019, the Clerk of this Court notified appellant’s counsel that the clerk’s record
was due on July 1, 2019, and that the district clerk, Nereyda Arredondo, had notified this
Court that appellant failed to make payment arrangements for preparation of the clerk’s
record. Appellant was advised that, if the defect was not corrected within ten days from
the date of receipt of this notice, the matter would be referred to the Court for appropriate
action. See TEX. R. APP. P. 37.3(a)(2). Counsel has failed to file a response and the
clerk’s record has not been filed.
This sequence of events requires us to effectuate our responsibility to avoid further
delay and to preserve the parties' rights. See id. Accordingly, this appeal is ABATED
and the cause REMANDED to the trial court.
Upon remand, the trial court shall utilize whatever means necessary to make
appropriate findings and recommendations concerning the following: (1) whether
appellant has abandoned his appeal; (2) whether his present attorney will diligently
pursue the appeal; (3) if it be determined that the present attorney will not diligently pursue
the appeal, whether appellant is indigent, and if so, whether other counsel should be
appointed to represent him; (4) if appellant is not indigent and the present attorney will
not diligently pursue the appeal, what steps need to be taken to ensure that appellant will
promptly obtain the services of another attorney to pursue the appeal; and (5) if any other
orders are necessary to ensure the proper and timely pursuit of appellant’s appeal. If
new counsel is appointed, the name, address, email address, telephone number, and
state bar number of said counsel shall be included in an order appointing counsel.
The trial court shall cause its finding 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
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the date of this order.
IT IS SO ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed this the
23rd day of July, 2019.
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