Opinion
13-24-00163-CR
06-28-2024
BRANDON RENE JAMES, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(B).
ON APPEAL FROM THE 329thDISTRICT COURT OF WHARTON COUNTY, TEXAS.
Before Benavides, Tijerina, and Silva, Justices.
ORDER OF ABATEMENT
PER CURIAM
This appeal is before the Court on its own motion. It is noted that one of the designated court reporters in this matter is Jennifer Hall. The reporter's record is currently due to be filed in this cause on July 2, 2024.
A contempt judgment was issued against Jennifer Hall in cause number 13-23-00384-CR on May 8, 2024. Further, a related judgment in cause number 13-24-00306-CV, In re Jennifer Hall, ordered Hall confined to the County Jail of Matagorda County for a period of thirty days and instructed the trial court to issue a capias for the arrest and detention of Hall. The Clerk of this Court continues to communicate with the trial court, and it appears that local officials have been unsuccessful in locating and/or detaining Hall. We note that other appeals currently pending in our Court may be impacted by matters pertaining to Hall, including Rojas v. State, No. 13-23-00384-CR, arising from trial court cause number 21-023-143 in the 23rd District Court of Matagorda County, Texas, and Perry v. State, Nos. 13-24-00109-CR and 13-24-00110-CR, arising from trial court cause numbers 21-023-013 and 21-023-014, respectively, in the 23rd District Court of Matagorda County, Texas.
In anticipation of potential delays in obtaining the reporter's record, and in order for us to effectuate our responsibility, avoid potential delay, and preserve the parties' rights, we now address the preparation of the reporter's record. See TEX. R. APP. P. 35.3(b), (c). This appeal shall be abated, and the cause remanded to the trial court. The trial court shall cause a hearing to be held to determine to what extent Hall is responsible for the preparation of the reporter's record. The trial court shall also determine if the reporter's record, or any part thereof, is permanently missing, lost, or destroyed. Following the hearing or hearings on remand, the trial court is instructed to make findings under Texas Rule of Appellate Procedure 34.6(f)(1), (2), (3), and (4). See generally id. R. 34.6(f). Further, the trial court shall determine if other orders are necessary to ensure the prompt preparation of the reporter's record and shall enter any orders deemed advisable to avoid further delay, expedite the consideration of this matter, and preserve the parties' rights.
The trial court shall cause its findings, together with any orders it may enter, to be included in a supplemental clerk's record. The trial court shall also cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.