Opinion
01-23-00901-CR
01-23-2024
Ex parte DeShaun I. St. Julien
184th District Court of Harris County Trial court case number: 1844509
ORDER OF ABATEMENT
April Farris, Judge
Appellant, DeShaun I. St. Julien, through counsel, has filed a notice of appeal from the trial court's September 20, 2023 order denying his motion for bond reduction and application for writ of habeas corpus. The clerk's record was filed on December 11, 2023 however, no reporter's record has been filed.
On December 6, 2023, the Court entered an order notifying the official, or substitute, court reporter for the 184th District Court that the reporter's record was past due and ordered that the reporter's record be filed within ten days of the date of the Court's order. After the reporter's record was not filed, on December 20, 2023, the Court entered a second order directing the reporter's record to be filed within ten days of the date of the order. The Court further notified the reporter that failure to file the record as ordered would result in the Court abating the appeal and directing the trial court to conduct a hearing to determine the reason for the failure to file the record.
The reporter's record was not filed in response to the Court's December 20, 2023 order. Accordingly, we abate the appeal and direct the trial court to conduct a hearing to determine the reason for the failure to file the reporter's record, and to set a date certain, within thirty days of the date of this order, by which the reporter's record will be filed.
The trial court is directed to hold the ordered hearing within fifteen days of the date of this order and to enter written findings and conclusions regarding the failure to file the reporter's record. The trial court clerk is further directed to file a supplemental clerk's record within five days of the ordered hearing including any findings and recommendations of the trial court.
The appeal is abated, treated as a closed case, and removed from the Court's active docket. The appeal will be reinstated on the Court's active docket when the supplemental clerk's record is filed with this Court, or upon motion of the parties. The trial court coordinator shall set a hearing date and notify the parties and the Clerk of this Court of such date.
It is so ORDERED.