Opinion
13-23-00359-CR
03-06-2024
ZACHARY JABE RILEY, 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Do not publish.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 Wharton County, Texas.
Before Chief Justice Contreras and Justices Longoria and Peña
ORDER OF ABATEMENT
Per Curiam
This cause is before the Court on the reporter's failure to file her portion of the reporter's record. The reporter's record in this matter was originally due on November 20, 2023. On January 8, 2024, we received one court reporter's portion of the reporter's record. On February, 2024, we ordered the other court reporter, Jennifer Hall, to file her portion of the reporter's record on or before February 16, 2024.
On February 26, 2024, the court reporter attempted to submit a reporter's record that was not compliant with the Uniform Format Manual for Texas Reporter's Records; specifically, the master index did not match the individual indexes, several exhibits were omitted, and the master index is missing an index for at least one volume. The Clerk of the Court has made several attempts to contact the court reporter via both email and telephone; however, the court reporter has failed to respond, has not corrected the defects, nor submitted an amended compliant record.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See Tex. R. App. P. 35.3(b), (c). Accordingly, this appeal is abated and the cause remanded to the trial court. The trial court shall take any necessary action to determine if the reporter's record, specifically State's exhibits 1A, 2A, 3A, 5A, 6A, 7A, 8A, 9A, 15A, 16A, 19A, 21, or any other part thereof, is missing, lost, or destroyed. Furthermore, the trial court is instructed, if necessary, to hold a hearing and make findings under Texas Rule of Appellate Procedure 34.6(f). See id. R. 34.6(f). Additionally, the trial court shall determine what, if any, steps are necessary to ensure the prompt preparation of a reporter's record and shall enter any orders required to avoid further delay and to preserve the parties' rights. The trial court shall prepare and file its findings and orders, if any, and cause them to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within ten days of this order.
Furthermore, the Court is of the opinion that, in the interest of justice, another order to file a corrected and compliant reporter's record should be entered. Accordingly, reporter, Jennifer Hall, is hereby again ordered to file the reporter's record in this Court no later than 5:00 p.m. on March 18, 2024. Failure of the reporter to file a compliant record by the date and time herein set forth shall result in the issuance of an order to show cause.