Opinion
10-23-00340-CR
01-31-2024
From the 52nd District Court Coryell County, Texas Trial Court No. 21-26674
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ABATEMENT ORDER
PER CURIAM
Appellant Robert Speed was found guilty of possession of child pornography and sentenced on October 24, 2023. This appeal followed.
The reporter's record was filed on January 29, 2024, but the record does not include a sealing order as required by article 38.45 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 38.45. Article 38.45 requires the trial court to make an order sealing the "property or material described by Subsection (a)" of the article at the conclusion of the trial. Id.
Accordingly, we abate this appeal and remand this cause to the trial court. The trial court is ordered to review the reporter's record in compliance with article 38.45 and to seal those portions of the record required to be sealed under subsections (a) and (b) within 21 days from the date of this Order.
The supplemental clerk's and reporter's records, if any, are ordered to be filed within 28 days of the date of this Order.