Opinion
No. 05-15-01276-CR
01-19-2016
TREY LOREN CARLISLE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court Collin County, Texas
Trial Court Cause No. 416-82926-2014
ORDER
On January 12, 2016, Official Court Reporter Susan Maienschein filed with the Court a letter requesting an extension of time to file the reporter's record. Maienschein's letter represents that she had received a voicemail message from trial counsel indicating appellant is deceased. If appellant is deceased, then this Court must permanently abate the appeal. See TEX. R. APP. P. 7.1(a)(2).
We ORDER the trial court to conduct a hearing and make findings of fact regarding whether appellant is deceased. We ORDER the trial court to transmit to this Court a supplemental clerk's record, containing the written findings of fact, any recommendations, any supporting documentation, and any orders within THIRTY DAYS of the date of this order.
We GRANT Maienschein's request for an extension of time to file the reporter's record. If a review of the trial court's findings shows that a reporter's record remains necessary, a new due date will be established for filing the reporter's record after the trial court files the supplemental record.
This appeal is ABATED to allow the trial court to comply with this order. The appeal shall be reinstated thirty days from the date of this order or when the supplemental record is received, whichever is earlier.
The Clerk of the Court is DIRECTED to send a copy of this order to Susan Maienschein; the Hon. Chris Oldner, presiding judge of the 416th Judicial District Court; and to all parties.
/s/ LANA MYERS
JUSTICE