NUMBER 13-16-00353-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
MISTY ELLES, Appellant,
V.
THE STATE OF TEXAS, Appellee.
On appeal from the 94th District Court
of Nueces County, Texas.
ORDER ABATING APPEAL
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Order Per Curiam
This cause is before the Court regarding the preparation of the reporter’s record in
this cause. The court reporter has informed this Court that appellant has failed to request
the reporter’s record.
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)(2). Accordingly,
this appeal is ABATED and the cause REMANDED to the trial court.
Upon remand, the judge of the trial court shall immediately cause notice to be given
and conduct a hearing to determine whether appellant desires to prosecute the appeal
and whether appellant is indigent and thus entitled to a free record and appointment of
counsel on appeal. If appellant desires to prosecute the appeal, the court shall
determine what steps are necessary to ensure the prompt preparation of a reporter’s
record, and shall enter any orders required to avoid further delay and to preserve the
parties’ rights.
The trial court shall prepare and file its findings and orders and cause them to be
included in a supplemental clerk's record which should be submitted to the Clerk of this
Court within thirty days from the date of this order.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
20th day of October, 2016.
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