Michael Patrick Lee v. State

Opinion

NUMBER 13-19-00418-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

MICHAEL PATRICK LEE, Appellant, v.

THE STATE OF TEXAS, Appellee.

On appeal from the 28th District Court of Nueces County, Texas.

ORDER OF ABATEMENT

Before Justices Benavides, Hinojosa, and Tijerina Order Per Curiam

The reporter’s record in these causes was due to be filed on February 3, 2020.

This court sent notice of the untimely record, by letter on February 6, 2020. Additionally, appellant’s counsel notified the Clerk of Court this case was granted a new trial, but the trial court record does not reflect that fact.

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 judge of the trial court shall immediately cause notice to be given and conduct a hearing to determine whether appellant has abandoned his appeal. If it is determined that appellant has not abandoned his appeal, the court shall further determine if appellant’s attorney of record continues to represent appellant and will diligently pursue this appeal.

The court shall further determine if the reporter’s record, or any part thereof, has been lost or destroyed, and shall make appropriate findings under Tex. R. App. P. 34.6(f), if necessary. Otherwise, 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

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed the 2nd day of March, 2020.