Opinion
14-23-00345-CR
01-18-2024
EDWIN RENE SANCHEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 208th District Court Harris County, Texas Trial Court Cause No. 1621619
Panel Consists of Chief Justice Christopher, Justices Wise and Jewell.
ABATEMENT ORDER
PER CURIAM.
The reporter's record in this case was due July 11, 2023. See Tex. R. App. P. 35.1. This court has granted four extensions of time for the reporter's record to be filed. In this court's two most recent orders granting extensions of time, the court stated that no further extensions would be granted absent exceptional circumstances. The current due date for the reporter's record was November 14, 2023.
The reporter's record was not filed by the deadline. On January 3, 2024, the court reporter filed yet another motion to extend time to file the reporter's record. In addition to being filed 50 days after the deadline, that motion does not describe any exceptional circumstances justifying a further extension. The court reporter's January 3, 2024, motion for extension of time is denied.
The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c). The appellate court may enter any order necessary to ensure the timely filing of the appellate record. Id. In criminal cases when no record is filed, the appellate court must make whatever order is appropriate to avoid further delay and to preserve the parties' rights. Tex.R.App.P. 37.3(a)(2). Because the reporter's record has not been filed timely, we issue the following order.
We direct the judge of the 208th District Court to conduct a hearing at which the court reporter, appellant's counsel, and appellee's counsel shall participate (a) to determine the reason for failure to file the record; (b) to establish a date certain when the reporter's record will be filed or the court reporter will be subject to a contempt hearing for failing to file the reporter's record timely as ordered. We order the court to prepare a record, in the form of a reporter's record, of the hearing. The trial court shall sign findings of fact, and the district clerk is ordered to file the signed findings with the clerk of this court within 30 days of the date of this order. If the reporter's record is filed within 30 days of the date of this order, then the trial judge and the district clerk need not comply with this order.