Opinion
NO. 14-15-00064-CRNO. 14-15-00065-CRNO. 14-15-00066-CR
01-28-2016
WILLIAM MARKS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 7 Harris County, Texas
Trial Court Cause Nos. 1852392, 1852393, & 1852394
ABATEMENT ORDER
The reporter's records in these appeals were due March 9, 2015. See Tex. R. App. P. 35.1. On August 19, 2015, the court reporter filed three volumes of the reporter's record. According to correspondence received from appellant's counsel, appellant requested preparation of a hearing record on December 4, 2015. Appellant requested preparation of a hearing conducted on November 13, 2014, "that was presumably in consideration of the state's Motion to Amend the Indictment." The records have not been filed with the court.
On December 14, 2015, this court ordered the court reporter to file the records within 15 days. The records have not been filed with the court. On January 6, 2016, appellant filed a motion to abate the appeals to determine why the reporter's records have not been filed. Because the reporter's records have not been filed timely, we grant appellant's motion and issue the following order.
We direct the judge of County Criminal Court at Law No. 7 to conduct a hearing at which the court reporter, appellant's counsel, and State's counsel shall participate to (a) determine the reason for failure to file the records; (b) establish a date certain when the reporter's records will be filed, and (c) make findings as to whether the court reporter should be held in contempt of court for failing to file the reporter's records timely as ordered. We order the court to prepare a record, in the form of a reporter's record, of the hearing. The judge shall make findings of fact and conclusions of law, and shall order the trial clerk to forward to this court a supplemental clerk's record containing the findings and conclusions. The hearing record and supplemental clerk's record shall be filed with the clerk of this court within 30 days of the date of this order.
The appeals are abated, treated as closed cases, and removed from this court's active docket. The appeals will be reinstated on this court's active docket when the trial court's findings and recommendations are filed in this court. If the court reporter files the records prior to the date set for the hearing, the appeals will be reinstated and the trial court need not hold a hearing.
PER CURIAM