NUMBER 13-17-00252-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
PHILLIP JACKSON, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On Appeal from the 105th District Court
of Nueces County, Texas.
SUPPLEMENTAL ABATEMENT ORDER
Before Justices Rodriguez, Benavides, and Longoria
Order Per Curiam
Appellant, Phillip Jackson, filed a notice of appeal with this Court from a judgment
nunc pro tunc signed on April 20, 2017. The record currently before the Court fails to
include a certification of appellant’s right to appeal. This appeal was abated and
remanded by this Court on August 23, 2017, to the trial court for entry of a certification of
appellant’s right to appeal. The trial court has advised this Court that a hearing was
scheduled and appellant failed to appear.
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 remains abated. 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.
If it is determined appellant has not abandoned his appeal, the trial court should enter a
certification of the appellant’s right to 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. 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 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Do not publish.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
17th day of November, 2017.
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