Santos v. State

Full title: ANTONIO SANTOS, Appellant, v. THE STATE OF TEXAS, Appellee.

Court: COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Feb 18, 2016

NUMBER 13-15-00353-CR (Tex. App. Feb. 18, 2016)

Opinion

NUMBER 13-15-00353-CR

02-18-2016

ANTONIO SANTOS, Appellant, v. THE STATE OF TEXAS, Appellee.

Per Curiam

On appeal from the 138th District Court of Cameron County, Texas.

ORDER OF ABATEMENT

Before Chief Justice Valdez and Justices Rodriguez and Benavides
OrderPer Curiam

This cause is before the Court because the court reporter, Michelle Cardenas, has failed to timely file the reporter's record. The reporter's record in this cause was originally due on September 26, 2015. The reporter has previously requested and received three prior extensions of time to file the record. On January 8, 2016, the Court ordered the reporter to file the record on or before January 20, 2016, and informed her that no further requests for extension of time would be granted absent exigent circumstances. On January 25, 2016, the reporter informed this Court that her computer had a virus and requested an extension until February 5, 2016. This Court granted an extension until February 5, 2016, and informed the reporter that no further extensions would be granted. To date, Cardenas has not filed the reporter's 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. 37.3(a)(1). Accordingly, this appeal is ABATED and the cause REMANDED to the trial court.

Upon remand, the judge of the trial court shall immediately cause notice to be given and conduct a hearing to determine whether appellant has abandoned his appeal. If it is determined that appellant has not abandoned his appeal, the court shall further determine if appellant's attorney of record continues to represent appellant and will diligently pursue this appeal.

The court shall further determine if the reporter's record, or any part thereof, has been lost or destroyed, and shall make appropriate findings under Tex. R. App. P. 34.6(f), if necessary. Otherwise, the court shall determine what 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 and cause them to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.

IT IS SO ORDERED.

PER CURIAM Delivered and filed the 18^th day of February, 2016.