Opinion
08-24-00012-CR
11-15-2024
NICHOLAS NEGRETE PETERS, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 243rd District Court of El Paso County, Texas (TC# 20180D05365).
Before Alley, C.J., Palafox, and Soto, JJ.
ORDER
Pursuant to Texas Rule of Appellate Procedure 10.4 (a) the motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
On November 14, 2024, Appellant filed an emergency motion for extension of time to file his brief or, alternatively, an emergency motion for abatement. By his motion, Appellant notified the Court that he discovered the reporter's record for at least one hearing was missing from the appellate record. Appellant attached an email from Andrea Logue, Court Reporter for the 243rd District Court, stating her intent to submit a supplemental reporter's record to this Court. However, neither Appellant nor Logue has notified the Court when the record would be filed.
Accordingly, the motion for abatement is GRANTED. The Court's Clerk has separately communicated with the Court Reporter about the status of the missing items. If the Court does not receive satisfactory answers to that inquiry, the Court will remand for a hearing to the trial court to determine the status of the record. When this case is reinstated, the Court will direct that Appellant's brief be filed by a date certain to be determined later. IT IS SO ORDERED this 15th day of November 2024.