Ex Parte Raul Garza Salazar ( 2016 )


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  • NUMBERS 13-16-00452-CR AND 13-16-00453-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG EX PARTE RAUL GARZA SALAZAR On Appeal from the 445th District Court of Cameron County, Texas. ORDER ABATING APPEALS Before Justices Rodriguez, Garza, and Longoria Order Per Curiam This matter is before the Court because the clerk’s record has not been filed and appellant’s counsel has advised this Court that appellant no longer wishes to pursue his appeals. A motion to dismiss appeals has not been filed. 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, these appeals are ABATED and these causes 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 appeals; and (3) if any other orders are necessary to ensure the proper and timely pursuit of appellant’s appeals. The trial court shall cause its findings 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 PER CURIAM Do not publish.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 13th day of December, 2016. 2

Document Info

Docket Number: 13-16-00453-CR

Filed Date: 12/13/2016

Precedential Status: Precedential

Modified Date: 12/14/2016