Alex Hernandez Orona v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 12, 2023
• Docket: 07-23-00092-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00092-CR

ALEX HERNANDEZ ORONA, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 100th District Court Carson County, Texas Trial Court No. 7246, Honorable Stuart Messer, Presiding

October 12, 2023 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Alex Hernandez Orona, appeals his convictions for evading arrest in a

motor vehicle1 and aggravated assault on a public servant2 and concurrent sentences to

twenty-five years’ and sixty years’ confinement. The appellate record was originally due

July 7, 2023. The clerk’s record was filed by this deadline, but the reporter’s record was

1 See TEX. PENAL CODE ANN. § 38.04.

2 See TEX. PENAL CODE ANN. § 22.02. not. We subsequently granted the reporter three extensions to file the reporter’s record

due to her caseload and medical issues. By letter of September 7, 2023, we admonished

the reporter that failure to file the reporter’s record by September 19 could result in the

appeal being abated and the cause remanded to the trial court for further proceedings

without further notice. The reporter has since requested a fourth extension to file the

reporter’s record due to her continuing medical issues.

We deny the request for extension, abate the appeal, and remand the cause to the

trial court for further proceedings. See TEX. R. APP. P. 35.3(c) (“The trial and appellate

courts are jointly responsible for ensuring that the appellate record is timely filed.”);

37.3(a)(2) (requiring appellate courts to “make whatever order is appropriate to avoid

further delay and to preserve the parties’ rights” when the appellate record is not timely

filed). On remand, the trial court shall determine the following:

(1) what tasks remain to complete the filing of the reporter’s record;

(2) why the reporter has not completed the necessary tasks;

(3) what amount of time is reasonably necessary for the completion of those

tasks; and

(4) whether the reporter can complete the tasks within the time the trial court

finds reasonable.

Should the trial court determine that the reporter will require more than thirty days

to complete, certify, and file the reporter’s record, it shall arrange for a substitute reporter

to do so. The trial court is directed to enter such orders necessary to address the

aforementioned questions. So too shall it include its findings on those matters in a

2 supplemental clerk’s record and cause that record to be filed with this Court by November

13, 2023.

Should the reporter file the record on or before October 26, 2023, she is directed

to immediately notify the trial court of the filing, in writing, whereupon the trial court shall

not be required to take any further action.

It is so ordered.

Per Curiam

Do not publish.