Opinion
13-23-00384-CR
06-28-2024
ALEX ROJAS, 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Do not publish.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.
SUPPLEMENTAL ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on its own motion. The reporter's record in this cause was originally due to be filed on October 10, 2023. After multiple orders to file the record, on May 8, 2024, the Court issued a judgment of contempt against Jennifer Hall, the designated lead court reporter in this matter, for failing to file the record. At the same time, we abated this appeal. The Clerk of this Court continues to communicate with the trial court, and it appears that local officials have been unsuccessful in locating and/or detaining Hall. Beyond the concern for Hall and her whereabouts, of most importance to this appeal, a reporter's record has yet to be filed.
A contempt judgment was issued in this cause 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 Perry v. State, Nos. 13-24-00109-CR and 13-24-00110-CR, arising from trial court cause numbers 21-023-013 and 21-023-014, respectively, 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, this appeal continues to be abated, and the cause remanded to the trial court. At this time, the trial court shall cause a hearing to be held to determine if the reporter's record, or any part thereof, is 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 record and shall enter any orders deemed advisable to avoid further delay, expedite the consideration of this matter, 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.