Opinion
14-23-00439-CR
01-25-2024
JOHN WESLEY BALDWIN III, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 208th District Court Harris County, Texas Trial Court Cause No. 1754741
Panel Consists of Justices Bourliot, Zimmerer, and Spain.
ABATEMENT ORDER
PER CURIAM
The reporter's record in this case was due August 21, 2023. See Tex. R. App. P. 35.1. The record was not filed. We granted the court reporter three extensions of time to file the record until November 20, 2023. On November 30, 2023, this court ordered the court reporter to file the record within 30 days and instructed the court reporter that if the record was not filed, the court would order the trial court to conduct a hearing to determine the reason for failure to file the record. On January 3, 2024, the court reporter filed another motion to extend time to file the record. That motion is denied. The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c). Because the reporter's record has not been filed timely as ordered, we issue the following order.
We direct the trial court to conduct a hearing at which the court reporter, appellant's counsel, and appellee's counsel shall participate (a) to determine the reason for failure to file the record and (b) to establish a date certain when the reporter's record will be filed or the court reporter will be subject to a contempt hearing for failing to file the reporter's record timely as ordered. We order the trial court to have a separate court reporter attend the hearing and prepare, certify, and file with the clerk of this court a reporter's record of the hearing. The trial court shall make findings of fact and conclusions of law and shall order the trial clerk to prepare, verify, and file with the clerk of this court a supplemental clerk's record containing the findings and conclusions. The reporter's record of the hearing and supplemental clerk's record shall be filed with the clerk of this court within 30 days of the date of this order.
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 both the reporter's record and supplemental clerk's record are filed with the clerk of 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. If the court reporter files the record before the date set for the hearing, the appeal will be reinstated, and the trial court need not hold a hearing.