NUMBER 13-16-00220-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

 

JEREMY JAY CUEVAS, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On Appeal from the 156th District Court

of Bee County, Texas.

SUPPLEMENTAL ABATEMENT ORDER

Before Justices Rodriguez, Contreras, and Longoria

Order Per Curiam

Appellant’s brief was originally due on July 27, 2016. This Court previously 

granted appellant three extensions of time to file the brief with the brief being due on 

October 17, 2016. On October 24, 2016, the Clerk of the Court notified appellant’s 

counsel that the brief had not been filed and requested a response concerning the failure 

to file the brief within ten days. Counsel nevertheless failed to file either a response or 
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an appellate brief in this matter. We abated and remanded this appeal to the trial court 

for further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate 

Procedure and directed the trial court to make appropriate findings and recommendations 

concerning the following: (1) whether appellant desires to prosecute this appeal; (2) why 

appellant's counsel has failed to file a brief and whether counsel has effectively 

abandoned the appeal; (3) whether appellant has been denied effective assistance of 

counsel; (4) whether appellant's counsel should be removed; and (5) whether appellant 

is indigent and entitled to court-appointed counsel. 

We have now received the trial court’s findings, and the trial court recommended 

that appellant’s counsel be allowed an extension of time until January 27, 2017, to file the 

brief in this matter. Counsel nevertheless failed to file a brief. On February 3, 2017, the 

Clerk of the Court notified appellant’s counsel that the brief had not been filed and 

requested a response concerning the failure to file the brief within ten days. Instead of 

filing the brief, appellant filed a “Motion to Abate or in the Alternative to Extend Time to 

File Appellant’s Brief.” According to this motion, appellant has recently filed a motion for 

new trial based on newly discovered evidence pertaining to juror misconduct, and 

appellant is seeking a hearing in the trial court regarding same.

Based on the foregoing, we direct the trial court to make appropriate findings and 

recommendations concerning the following: (1) whether appellant desires to prosecute 

this appeal; (2) why appellant's counsel has failed to file a brief and whether counsel has 

effectively abandoned the appeal; (3) whether appellant has been denied effective 
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assistance of counsel; (4) whether appellant's counsel should be removed; and (5) 

whether appellant is indigent and entitled to court-appointed counsel. 

If the trial court determines that appellant does want to continue the appeal, that 

present counsel should be removed, and that appellant is indigent and entitled to 

court-appointed counsel, the trial court shall appoint new counsel to represent appellant 

in this 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 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 on or before the 

expiration of 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 27th day of February, 2017.