Opinion
14-22-00796-CR
08-05-2024
JASON LYNDON SMITH, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 339th District Court Harris County, Texas Trial Court Cause No. 1718736
Panel consists of Justices Bourliot, Spain, and Zimmerer.
ABATEMENT ORDER
PER CURIAM
A jury found appellant Jason Lyndon Smith guilty of assault of a family member. A jury found appellant guilty and assessed his punishment at six years' incarceration. Appellant filed a notice of appeal.
The appellate record in this case does not reflect that the trial court ever orally pronounced sentence. Accordingly, we conclude that we lack subject-matter jurisdiction over appellant's appeal. See Meachum v. State, 273 S.W.3d 803, 804-06 (Tex. App.-Houston [14th Dist.] 2008, order) (concluding that except to the extent article 42.14 of the Code of Criminal Procedure provides that sentence may be rendered in the absence of the defendant, a court of appeals lacks jurisdiction when the trial court does not orally pronounce sentence in defendant's presence in open court). 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); Meachum, 273 S.W.3d at 806. We ORDER the trial court to cause 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 on or before September 30, 2024.
We further ORDER the trial-court reporter to prepare, certify, and file with the clerk of this court a reporter's record of the sentencing hearing. We further ORDER the trial-court clerk to prepare, certify, and file with the clerk of this court a supplemental clerk's record containing the trial court's revised judgment. These records are due no later than October 14, 2024. This appeal is abated and treated as a closed case. This appeal will be reinstated on this court's active docket without further order of this court when both the supplemental reporter's record and supplemental clerk's record 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.