NUMBER 13-18-00384-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
LANCE TAYLOR, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On Appeal from the 28th District Court
of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Longoria and Perkes
Order Per Curiam
On August 7, 2019, and December 19, 2019, the Court abated the cause and
remanded to the trial court, due to appellant’s previous court appointed counselor’s failure
to timely file a brief. The case was reinstated on January 27, 2020, after new counsel was
appointed to represent appellant in the matter. Appellant’s brief was originally due on April
17, 2020.
Since reinstating the case, the Court granted two additional motions for extension,
this time filed by appellant’s new counsel making the new deadline to file a brief in the
matter August 24, 2020. On August 26, 2020, the Clerk of the Court sent the Honorable
M. Michael Meyer notice the brief was past due. On September 11, 2020, the Clerk of the
Court sent a second past due notice.
Accordingly, we now ABATE this appeal and REMAND the cause to the trial court
for further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate
Procedure. 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) 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.
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
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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
3rd day of December, 2020.
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