NUMBER 13-15-00018-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
DREW DAVIS, Appellant,
V.
THE STATE OF TEXAS, Appellee.
On appeal from the 214th District Court
of Nueces County, Texas.
ORDER ABATING APPEAL
Before Chief Justice Valdez and Justices Rodriguez and Perkes
Order Per Curiam
This cause is currently before the Court because appellant’s counsel has filed an
Anders brief which does not comply with the requirements of Kelly v. State. See Anders
v. California, 386 U.S. 738, 744 (1967); Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App.
2014). Appellant’s counsel has failed to: 1) serve the Anders brief on appellant; 2) serve
appellant with a copy of the motion to withdraw; 3) inform appellant of his right to file a
pro se response within 30 days of the motion to withdraw; 4) inform appellant that he is
entitled to review the appellate record in preparation of a pro se response; 5) provide
appellant with a form motion for pro se access to the appellate record, mailing address of
this Court, and instructions to file the motion within 10 days; and 6) inform appellant of his
pro se right to seek discretionary review should the Court of Appeals declare his appeal
frivolous. Counsel has informed us that he is unable to locate his client in order to
remedy these deficiencies.
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 can be located; (2)
whether appellant has abandoned his appeal; and (3) if any other orders are necessary
to ensure the proper and timely pursuit of appellant’s appeal.
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. Further, 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Do not publish.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
13th day of November, 2015.
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