Opinion
14-22-00281-CR; 14-22-00282-CR 14-22-00283-CR
03-19-2024
CHRISTOPHER DI-MATHEW ARREAGA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court Harris County, Texas Trial Court Cause Nos. 1762750, 1685507 & 1685508
Panel consists of Justices Jewell, Spain, and Wilson.
ABATEMENT ORDER
PER CURIAM
A jury found appellant Christopher Di-Mathew Arreaga guilty of two counts of aggravated sexual assault of a child (trial-court cause number 1685507/appellate-court case number 14-22-00282-CR and trial-court cause number 1685508/appellate-court case number 14-22-00283-CR) and guilty of one count of "super" aggravated sexual assault of a child (trial-court cause number 1762750/appellate-court case number 14-22-00281-CR). The jury assessed punishment at imprisonment for 35 years, 35 years, and 50 years, respectively. Di-Matthew filed a notice of appeal in each underlying case.
The appellate records do not reflect that the trial court ever orally pronounced sentence in each case. Accordingly, we conclude that we lack subject-matter jurisdiction over appellant's appeals. Meachum v. State, 273 S.W.3d 803, 806 (Tex. App.-Houston [14th Dist.] 2008, order) (concluding court of appeals lacks jurisdiction when trial court does not orally pronounce sentence in defendant's presence in open court), appeal dism'd, No. 14-07-00811-CR (Dec. 30, 3008, no pet.).
In addition, the appellate records do not indicate whether the sentences are to run concurrently or consecutively or, assuming the trial court intended the sentences to run consecutively, which sentence would run first, second, and third.
We therefore abate these appeals and remand these causes to the trial court. See Tex. R. App. 44.4 (stating that "if . . . the trial court can correct its action or failure to act[,]" the court of appeals must direct the trial court to correct the error). We order the trial court to cause notices of hearing to be given, pronounce the sentences in appellant's presence in open court, and sign revised judgments. The sentencing hearings are to be conducted by April 19, 2024. We further order the trial-court reporter and clerk to prepare, certify, and file with the clerk of this court (1) a reporter's record of the sentencing hearing and (2) a supplemental clerk's record containing the trial court's revised judgments. These records are due no later than 15 days after the conclusion of the hearing.
These appeals are abated and treated as closed cases. These appeals will be reinstated on this court's active docket without further order of this court when both the supplemental reporter's and clerk's records are filed with the clerk of this court. This court will also consider an appropriate motion to reinstate the appeals filed by either party, or this court may sua sponte reinstate the appeals.