Opinion
08-23-00222-CR
10-10-2023
PHILLIP MARCUS BOLDING, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 109th District Court of Andrews County, Texas (TC# 7467).
Before Rodriguez, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
The record was due to be filed on September 23, 2023. On September 22, 2023, the district clerk filed a request for an extension until October 4, 2023, and on September 25, 2023, the court reporter filed a request for an extension for 30 days from when arrangements are received. Both stated no arrangements were received. The Court issued letters to Appellant's counsel, Lane A. Haygood, to notify this Court as to what arrangements he has made or intends to make for the preparation of the record. As of this date, Mr. Haygood has not responded. Both the district clerk and court reporter have filed letters stating no arrangements have been received.
Therefore, the case is abated, and the Court ORDERS the trial court to conduct a hearing to determine whether Appellant wishes to continue the appeal and whether Appellant has been deprived of a record. The trial court shall forward its findings to the District Clerk of Andrews County, Texas, on or before October 30, 2023. The District Clerk shall prepare and forward a supplemental clerk's record containing the trial court's findings and forward the same to this Court on or before November 9, 2023. Further, the trial court's reporter shall prepare, certify, and file the record of the trial court proceedings with this Court on or before November 9, 2023.
The case will be abated until November 9, 2023, or the hearing record is received, whichever occurs first. The requests from the district clerk and court reporter shall remain pending the filing of the findings.
IT IS SO ORDERED.