Opinion
14-22-00605-CR
08-17-2023
JESSE CHAVEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court Harris County, Texas Trial Court Cause No. 1606246
Panel Consists of Chief Justice Christopher and Justices Bourliot and Wilson.
ABATEMENT ORDER
PER CURIAM
Before the court is the State's motion to abate this appeal. The motion concerns an October 26, 2021 trial court hearing concerning appellant's alleged intent to waive his right to a jury trial. The court reporter indicated that this hearing was transcribed, and the State requested that she provide a transcript of the hearing as part of a supplemental reporter's record. See Tex.R.App.P. 34.6(d). However, as of the date of this order, the court reporter has not filed a supplemental reporter's record with a transcript of that hearing. The State has moved that this appeal be abated so that the trial court can determine when the transcript will be provided in a supplemental reporter's record, and so that the requested supplemental reporter's record be filed. The motion is granted.
The judge of the 182nd District Court shall, within 30 days of the date of this order, (1) conduct a hearing, at which appellant, appellant's counsel, state's counsel, and the court reporter shall participate, either in person or by video teleconference, to determine a date certain when a supplemental reporter's record containing a transcript of the October 26, 2021 hearing will be filed; and (2) prepare a record, in the form of a reporter's record, of the hearing. That record shall be filed with the clerk of this court on or before October 16, 2023. If, prior to the trial court holding that hearing, the court reporter files a supplemental reporter's record with this court containing a transcript of the October 26, 2021 hearing, the trial court does not have to hold the hearing otherwise required by this order.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the supplemental reporter's record containing the transcript of the October 26, 2021 hearing is filed with this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing in compliance with this court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.