Opinion
No. 07-13-00353-CR
02-27-2014
TERRY FIELDER, APPELLANT v. THE STATE OF TEXAS, APPELLEE
On Appeal from the 361st District Court
Brazos County, Texas
Trial Court No. 11-02991-CRF-361; Honorable Steve Smith, Presiding
ABATEMENT AND REMAND
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Pursuant to an open plea of guilty, Appellant, Terry Fielder, was convicted of aggravated robbery with an affirmative finding on use of a deadly weapon and sentenced to thirty years confinement. He timely filed a notice of appeal. The clerk's record was filed on October 29, 2013, and after an extension of time was granted, the reporter's record was due on December 30, 2013. When the reporter's record was not filed, by letter dated January 6, 2014, delivered via e-mail, this Court notified the official court reporter of the deficiency and requested that he advise on the status of the record. The next day, the court reporter requested an extension of time in which to file the record, which was granted to January 29, 2014. The record was not filed and on February 5th, this Court again notified the court reporter of the late record and requested a status update. In response, the court reporter requested and was granted a subsequent extension of time to February 14th. To date, the reporter's record remains outstanding.
TEX. PENAL CODE ANN. § 29.03(a)(2) (West 2011)
The court reporter is responsible for preparing, certifying and timely filing the reporter's record. TEX. R. APP. P. 35.3(b). Additionally, trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. TEX. R. APP. P. 35.3(c). Consequently, we now abate this appeal to the trial court for further proceedings.
Upon remand, the trial court shall utilize whatever means necessary to determine the reasons for the delay in the filing of the reporter's record and take such action as is necessary to ensure the filing of same on or before March 17, 2014. The trial court shall enter findings of fact and conclusions of law and shall cause its findings, conclusions and any necessary orders to be included in the clerk's record.
It is so ordered.
Per Curiam Do not publish.