Opinion
10-23-00238-CR
06-07-2024
STUART BRADLEY FINCH, Appellant v. THE STATE OF TEXAS, Appellee
From the 278th District Court Walker County, Texas Trial Court No. 30129
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ABATEMENT ORDER
PER CURIAM
On May 29, 2024, Stuart Finch, Appellant, filed a motion to extend the time for filing appellant's brief. Finch states he has not received the complete reporter's record. He is missing the transcripts of voir dire and several exhibits. These portions of the reporter's record are also missing from this Court's records. Finch states he has been in contact with the trial court reporter regarding the missing items, but as of the filing of his motion to extend time, he still has not received the missing items. Additionally, he states that he was told there would be a fee for the missing items despite an order in the clerk's record granting Finch's motion for a free appellate record pursuant to Rule of Appellate Procedure 20.2. See Tex. R. App. P. 20.2.
Accordingly, we abate this appeal and remand this cause to the trial court to conduct a hearing within 21 days of the date of this Order to determine why the complete reporter's record has not yet been filed. The trial court shall determine a date certain and state that date upon the record when the missing items from the reporter's record will be filed with this Court.
The supplemental reporter's record of the abatement hearing and the supplemental clerk's record, if any, are ordered to be filed within 35 days of the date of this Order.