In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-13-00194-CR 

AIDE CAZAREZ, APPELLANT 

 

V. 

 

THE STATE OF TEXAS, APPELLEE 

 

On Appeal from the County Court at Law No. 2 

Lubbock County, Texas 

Trial Court No. 2012-469569, Honorable Drue Farmer, Presiding 

 

November 7, 2013 

 

ON ABATEMENT AND REMAND 

 

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

On June 13, 2013 appellant, Aide Cazarez, filed a notice of appeal from her

conviction for misdemeanor driving while intoxicated and the resulting 365-day sentence 

of confinement in the Lubbock County Jail. The Clerk of this Court received and filed 

the trial court clerk’s record on August 9, 2013. The court reporter’s record was filed on 

August 26. Appellant’s brief was originally due on September 25, 2013. By letter dated 

October 8 and pursuant to Texas Rule of Appellate Procedure 38.8, the Court notified 

appellant that her brief was past due and directed that the brief be filed on or before 
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Friday, October 18, 2013. Further, the Court alerted appellant that failure to abide by 

this deadline would result in the appeal being abated and remanded without further 

notice. As of the date of this order, appellant has failed to file her brief or a motion for 

extension of time to file her brief.

Accordingly, we now abate this appeal and remand the cause to the trial court. 

See TEX. R. APP. P. 38.8(b)(2). Upon remand, the trial court is directed to immediately 

cause notice to be given of and to conduct a hearing to determine the following: (1) 

whether appellant desires to prosecute this appeal; (2) if appellant desires to prosecute 

this appeal, whether appellant is indigent and whether appellant desires that counsel be 

appointed to represent her on the appeal; and (3) what orders, if any, should be entered 

to assure the filing of appropriate notices and documentation to dismiss appellant’s 

appeal if appellant does not desire to prosecute this appeal or, if appellant desires to 

prosecute this appeal, to assure that the appeal will be diligently pursued. If the trial 

court appoints counsel for appellant or if appellant retains counsel, the trial court should 

cause the Clerk of this Court to be furnished the name, address, and State Bar of Texas 

identification number of the newly-appointed or newly-retained attorney. 

The trial court is directed to (1) conduct any necessary hearings; (2) make and 

file appropriate findings of fact, conclusions of law, and recommendations and cause 

them to be included in a supplemental clerk’s record; (3) cause the hearing proceedings 

to be transcribed and included in a supplemental reporter’s record; (4) have a record of 

the proceedings made to the extent any of the proceedings are not included in the 

supplemental clerk’s record or the supplemental reporter’s record; and (5) cause the 

records of the proceedings to be sent to this Court. See TEX. R. APP. P. 38.8(b)(3). In 
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the absence of a request for extension of time from the trial court, the supplemental 

clerk’s record, supplemental reporter’s record, and any additional proceeding records, 

including any orders, findings, conclusions, and recommendations, are to be sent so as 

to be received by the Clerk of this Court not later than December 9, 2013.

Per Curiam

Do not publish.