Opinion
10-23-00259-CR
01-24-2024
THE STATE OF TEXAS, Appellant v. LOUIS TURRUBIARTES, Appellee
From the County Court at Law No. 2 Brazos County, Texas Trial Court No. 22-01558-CRM-CCL2
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ABATEMENT ORDER
PER CURIAM
On December 21, 2023, we received a supplemental clerk's record in this appeal. The supplemental clerk's record includes a "Motion for Order to Provide Access to Record" that was filed in the trial court by Appellee Louis Turrubiartes on December 7, 2023. The supplemental clerk's record also includes an "Order to Provide Access to Record" that was signed by the trial court on December 19, 2023, which states:
This day the Court considered the motion of defendant Louis Djorkaeff Turrubiartes requesting an order directing the official court
recorder to provide a copy of the recordings made of hearings on the above styled and numbered cause.
Having considered the motion, any response by the State and court recorder, and the documents on file, the Court FINDS the motion should be, and hereby is, GRANTED.
It is therefore ORDERED that the official court recorder, Kimberly McCright, shall deliver to counsel for the parties [a] copy of the electronic recordings made in this proceeding within five days of this order.
On January 12, 2024, Turrubiartes then filed in this Court a Motion for Abatement or, in the Alternative, to Extend Time to File Brief. Turrubiartes states in his motion that although the trial court signed the order requiring the court recorder to provide the record to the parties by a specific time, the court recorder has refused to do so. Turrubiartes therefore requests an abatement so that the trial court may further act so that the parties may obtain a complete appellate record.
We grant Turrubiartes's motion. We abate this appeal and remand this cause to the trial court. The trial court is ordered to, within 21 days of the date of this Order, proceed as necessary to facilitate Turrubiartes's access to the court recorder's record.
Within 28 days of the date of this Order, Turrubiartes is ordered to advise this Court, in writing, whether he has obtained access to the court recorder's record.
The briefing deadline for the appellee's brief is suspended pending further order of this Court.
Motion granted.