Opinion
14-23-00211-CR
07-02-2024
BERNARDO HERNANDEZ-GONZALEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 21st District Court Washington County, Texas Trial Court Cause No. 19677
Panel consists of Chief Justice Christopher and Justices Spain and Poissant.
ABATEMENT ORDER
PER CURIAM
A jury found appellant Bernardo Gonzalez-Hernandez guilty of the offense of continuous sexual abuse of a child. The jury assessed punishment at imprisonment for 99 years. Bernardo Gonzalez-Hernandez filed a notice of appeal.
The appellate record does not reflect that the trial court orally pronounced sentence in appellant's presence in open court. Accordingly, we conclude that we lack subject-matter jurisdiction over appellant's appeal. Meachum v. State, 273 S.W.3d 803, 806 (Tex. App.-Houston [14th Dist.] 2008, order) (concluding court of appeals lacks jurisdiction when trial court does not orally pronounce sentence in defendant's presence in open court), appeal dism'd, No. 14-07-00811-CR (Dec. 30, 2008, no pet.).
We therefore abate this appeal and remand this case to the trial court. See Tex. R. App. 44.4 (stating that "if . . . the trial court can correct its action or failure to act[,]" the court of appeals must direct the trial court to correct the error). We order the trial court to cause a notice of hearing to be given, pronounce the sentence in appellant's presence in open court, and sign a revised judgment. The sentencing hearing is to be conducted by September 1, 2024. We further order the trial-court reporter and clerk to prepare, certify, and file with the clerk of this court (1) a reporter's record of the sentencing hearing and (2) a supplemental clerk's record containing the trial court's revised judgment. These records are due no later than September 16, 2024 or 15 days after the conclusion of the hearing.
This appeal is abated and treated as closed. The appeal will be reinstated on this court's active docket without further order of this court when both the supplemental reporter's and clerk's records are filed with the clerk of this court. This court will also consider an appropriate motion to reinstate the appeal filed by either party, or this court may sua sponte reinstate the appeal.