NUMBER 13-20-00036-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
DAVID DEON JACK, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 40th District Court
of Ellis County, Texas.
ORDER ABATING APPEAL
Before Chief Justice Contreras and Justices Longoria and Hinojosa
Order Per Curiam
On December 27, 2019, appellant filed his notice of appeal. On January 23, 2020,
this court notified Appellant’s counsel the notice was untimely and was provided ten days
to correct the defect, if possible. To date, no motion nor communication from appellant
has been received by this Court.
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)(1). 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 desires to prosecute
this appeal; (2) 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; (5) whether appellant is indigent and entitled to
court-appointed counsel; and (6) if any other orders are necessary to ensure the proper
and timely pursuit of appellant’s appeal.
The trial court shall cause its findings and recommendations, together with any
orders it may enter, to be included in a supplemental clerk's record. 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Do not publish.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
16th day of March, 2020.
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