Opinion
01-23-00206-CR
05-18-2023
Ex parte Jose A. Gonzalez-Rodriguez
Trial court: 268th District Court of Fort Bend County case number: 23-DCR-102451
ORDER
Sarah Beth Landau, Judge.
The reporter's record in this case originally was due on April 4, 2023. See Tex. R. App. P. 31.1. On April 7 and 19, this Court entered orders for the court reporter to file the record within ten days. The reporter's record has not been filed with the Court.
"The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed." Tex.R.App.P. 35.3(c). Because the reporter's record has not been timely filed, we order:
This appeal is withdrawn from submission, abated, and remanded to the trial court to conduct a hearing within 10 days. The court reporter, appellant's counsel, and the State's counsel shall participate to ask the court reporter these questions and make findings on these issues:
(1) The reason the record was not timely filed with the Clerk of this Court;
(2) The arrangements to be made to expedite the preparation of the reporter's record; and
(3) If needed, the estimated time to complete and file the record with the Clerk of this Court and the reasons that an extension is needed (that date should be no later than June 2, 2023).
We order the trial court to prepare a record, in the form of a reporter's record, of the hearing. The judge shall make findings of fact and conclusions of law and order the trial clerk to forward to this Court a supplemental clerk's record containing the findings and conclusions, also no later than June 2, 2023.
This Case will be reinstated on the Court's active docket when the trial court's findings and recommendations are filed with the Clerk of 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 so ORDERED.