Opinion
08-23-00116-CR
03-28-2024
JERY-JACOB JAMES CORONA, Appellant, v. THE STATE OF TEXAS, Appellee.
Appeal from the 81st Judicial District Court of Atascosa County, Texas (TC# 22-01-0002-CRA)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
On January 7, 2024, this Court abated this cause and ordered the trial court to conduct a hearing to determine whether the appellate record in this cause is incomplete. On March 20, 2024, this Court received notice from the trial court that, due to scheduling complications with a bench warrant from TDCJ, it was unable to complete the hearing as requested in our order. The notice further explained that the hearing has been reset for April 5, 2025, the first available day on Judge Wilson's docket.
As a second matter, we also address documents received during the abatement. On March 7, 2024, the Court received a supplemental reporter's record containing the transcript of a pre-trial hearing from January 10, 2023. Accordingly, it is no longer missing from the appellate record, and findings or conclusions relating to that pre-trial hearing are no longer required. This Court, however, is unable to determine if that pre-trial hearing was the only missing portion of the record.
Because the trial court was unable to hold the original hearing as requested, we enter this second abatement order to accommodate the trial court's availability and to clarify the supplementation that occurred during the abatement.
The trial court is ORDERED to hold an evidentiary hearing and to make findings and conclusions about what pre-trial hearings took place in this cause, including the date and purpose of any hearing, and whether the hearing was transcribed. The trial court is directed to hold the hearing and forward its findings to the District Clerk by April 15, 2024. Should the trial court determine that any additional pre-trial hearing transcripts are missing from the appellate record, the court reporter is directed to certify and file the missing portions with this Court within ten days of the date of the evidentiary hearing.
The District Clerk is ordered to prepare a supplemental clerk's record containing the trial court's findings and file the same with this Court by April 25, 2024. The evidentiary hearing shall be transcribed, and the court reporter shall certify and file a supplemental reporter's record containing the same by April 25, 2024. Appellant's motions will remain pending, and the appellate deadlines are suspended during the abatement. This cause shall be reinstated upon receipt of the supplemental clerk's record and supplemental reporter's records.
IT IS SO ORDERED this 28th day of March 2024.