Opinion
14-22-00106-CR
10-26-2023
IVAN PERALES ROQUE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 339th District Court Harris County, Texas Trial Court Cause No. 1518590
Panel Consists of Chief Justice Christopher and Justices Bourliot and Hassan.
ORDER
PER CURIAM
On August 1, 2023, this court issued an order abating this appeal for a hearing to determine the following matters:
(1) whether the trial court had conducted the mandatory hearing under Article 42.15(a-1);
(2) whether any such hearing was transcribed "on the record" as required by that statute; and
(3) whether a transcript from any such hearing can still be prepared.
On the same day, the State filed a motion to reconsider that order. We carried that order with the case. On October 3, 2023, the State filed a motion for a ruling on its motion to reconsider that we carried with the case. We GRANT the State's motion for a ruling; and order that the State's August 1, 2023 motion to reconsider be DENIED.
Accordingly, this court continues the abatement of this case and orders the trial court to hold a hearing to immediately conduct a hearing at which the court reporter(s), appellant, appellant's counsel, and the State's counsel shall participate, to determine the following matters: (1) whether the trial court had conducted the mandatory hearing under Article 42.15(a-1); (2) whether any such hearing was transcribed "on the record" as required by that statute; and (3) whether a transcript from any such hearing can still be prepared. The trial court shall see that the hearing is recorded, that findings of fact are made, and that such record and such findings of fact shall be filed with the clerk of this court within fifteen (15) days of the date of this order. See Tex. R. App. P. 34.6(f); Johnson v. State, 151 S.W.3d 193, 196 (Tex. Crim. App. 2004).
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 record and the trial court's findings are filed in 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.