Javier Salazar v. the State of Texas ( 2022 )

NUMBER 13-22-00074-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
JAVIER SALAZAR, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 197th District Court
of Cameron County, Texas.
ORDER OF ABATEMENT
Before Justices Longoria, Hinojosa, and Silva
Order Per Curiam
This cause is before the Court regarding the appellant’s failure to make
arrangements for payment of both the clerk’s record and reporter’s record. On April 6,
2022, the Clerk of this Court notified appellant that the clerk’s record and reporter’s record
were originally due on April 6, 2022. Appellant was notified that the court reporter, Ms.
Elizabeth Torres, notified this Court that appellant failed to make arrangements for paying
for the reporter’s record. Appellant was also notified that the deputy district clerk, Ms.
Silvia Mata, notified this Court that appellant failed to make arrangements for payment of
the clerk’s record. Appellant was advised that, if the defects were not corrected within ten
days from the date of receipt of these notices, the matter would be referred to the Court
for appropriate action. See TEX. R. APP. P. 37.3(c)(1).
Appellant failed to file a response and failed to furnish proof that arrangements had
been made for the preparation of the clerk’s record and reporter’s record. This sequence
of events requires us to effectuate our responsibility to avoid further delay and to preserve
the parties' rights. See id. 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 has abandoned his appeal; (2) whether his present attorney will diligently
pursue the appeal; (3) if it be determined that the present attorney will not diligently pursue
the appeal, whether appellant is indigent, and if so, whether other counsel should be
appointed to represent him; (4) if appellant is not indigent and the present attorney will
not diligently pursue the appeal, what steps need to be taken to ensure that appellant will
promptly obtain the services of another attorney to pursue the appeal; and (5) if any other
orders are necessary to ensure the proper and timely pursuit of appellant’s 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 finding and recommendations, together with any
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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 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.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
28th day of April, 2022.
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