Opinion
13-24-00109-CR 13-24-00110-CR
06-28-2024
ANTHONY DESHAWNTI PERRY, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(B).
ON APPEAL FROM THE 23RD DISTRICT COURT OF MATAGORDA COUNTY, TEXAS.
Before Benavides, Tijerina, and Silva, Justices.
ORDER OF ABATEMENT
PER CURIAM
These appeals are before the Court on its own motion. It is noted that the designated court reporter in these matters is Jennifer Hall. The reporter's records were due to be filed in these causes on June 6, 2024, but were not timely filed.
A contempt judgment was issued against Jennifer Hall in cause number 13-23-00384-CR on May 8, 2024. Further, a related judgment in cause number 13-24-00306-CV, In re Jennifer Hall, ordered Hall confined to the County Jail of Matagorda County for a period of thirty days and instructed the trial court to issue a capias for the arrest and detention of Hall. We note that other appeals currently pending in our Court may be impacted by matters pertaining to Hall, including Rojas v. State, No. 13-23-00384-CR, arising from trial court cause number 21-023-143 in the 23rd District Court of Matagorda County, Texas, and James v. State, No. 13-24-00163-CR, arising from trial court cause number CR23415 in the 329th District Court of Wharton County, Texas.
This sequence of events requires us to effectuate our responsibility to avoid further delay and preserve the parties' rights. See TEX. R. APP. P. 35.3(b), (c). Accordingly, these appeals are abated, and the causes are remanded to the trial court. The trial court shall cause a hearing to be held to determine to what extent Hall is responsible for the reporter's records. The trial court shall also determine if the reporter's records, or any part thereof, are permanently missing, lost, or destroyed. Following the hearing or hearings on remand, the trial court is instructed to make findings under Texas Rule of Appellate Procedure 34.6(f)(1), (2), (3), and (4). See generally id. R. 34.6(f). Further, the trial court shall determine if other orders are necessary to ensure the prompt preparation of the reporter's records and shall enter any orders deemed advisable to avoid further delay, expedite the consideration of these matters, and preserve the parties' rights.
The trial court shall cause its findings, together with any orders it may enter, to be included in a supplemental clerk's record. The trial court shall also cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.