NUMBER 13-21-00389-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
JOHN VALENZUELA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 117th District Court
of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Longoria and Tijerina
Order Per Curiam
This matter is before the Court on its own motion. Appellant’s brief was originally
due on June 21, 2022. On June 23, 2022, the Clerk of the Court notified appellant’s
counsel that the brief had not been timely filed. Appellant’s counsel has failed to timely
file an appellate brief in this matter, has not filed a motion to extend time to file the brief,
and has not otherwise responded to the clerk’s 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, 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 findings and recommendations, together with any
orders it may enter regarding the aforementioned issues, to be filed 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.
PER CURIAM
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Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
13th day of July, 2022.
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