Opinion
10-24-00010-CR
02-28-2024
JOSHUA BAUST, Appellant v. THE STATE OF TEXAS, Appellee
From the 87th District Court Freestone County, Texas Trial Court No. 23-019CR.
Before Gray, Chief Justice, Johnson, Justice and Smith, Justice.
ABATEMENT ORDER
PER CURIAM
The reporter's record in this case was due on February 19, 2024.
On February 15, 2024, this Court received a letter from the court reporter that she had requested a Designation of Record from Appellant with no response. In support of this letter, the court reporter attached an email she had sent to counsel for Appellant, dated February 1, 2024, and an attachment to that email detailing what information she needed from Appellant.
On February 16, 2024, the Clerk of this Court therefore sent a letter to Appellant notifying him of the need for the proper Designation of Record. The February 16, 2024 letter provided:
Our records indicate the reporter's record in this appeal has not been filed. Apparently, the record has not been filed because appellant has failed to properly request that it be prepared. See Tex.R.App.P. 34.6(b)(1). If appellant desires to have the reporter's record for appeal, appellant must request that it be prepared and simultaneously notify the Court of that request within 21 days after the date of this letter. If appellant does not desire to have the reporter's record for this appeal, appellant must notify the Court within 14 days of the date of this letter that the reporter's record will not be requested. If the reporter's record is not requested within 21 days, the appeal will proceed on the clerk's record alone. See Tex.R.App.P. 37.3(c)(1).
On February 20, 2024, this Court received a response from Appellant stating that he had filed a Designation of Record with the trial court clerk on January 29, 2024, and had included the court reporter on the eService. In support of this, Appellant attached a copy of the "Request for Preparation of Reporter's Record and Designation of Matters to Be Included," which was filed stamped by the trial court clerk, and an eFile print out showing the filing date and recipients.
Accordingly, we abate this appeal and remand this cause to the trial court to conduct a hearing within 21 days of the date of this Order to determine why the reporter's record has not yet been filed. The trial court shall determine a date certain when the reporter's record will be filed with this Court.
The supplemental reporter's record of the abatement hearing and the supplemental clerk's record, if any, are ordered to be filed within 35 days of the date of this Order.