Bryan Anthony Valdez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 22, 2024
• Docket: 07-24-00182-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00182-CR

BRYAN ANTHONY VALDEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 47th District Court Randall County, Texas Trial Court No. 29915-A, Honorable Dee Johnson, Presiding

August 22, 2024 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Appellant, Bryan Anthony Valdez, appeals from the trial court’s judgment revoking

his community supervision for the offense of manufacture or delivery of a controlled

substance1 and sentencing him to eight years of confinement. The reporter’s record was

originally due July 22, 2024, but we granted the reporter an extension to August 21 to file

1 See TEX. HEALTH & SAFETY CODE ANN. § 481.112(d). the record. The reporter has since requested a second extension of thirty days due to

her extensive caseload.

To expedite the disposition of the appeal and in the interest of conservation of

judicial resources, 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) what amount of time is reasonably necessary for the completion of those tasks; and

(3) 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

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

23, 2024.

Should the reporter file the record on or before the date the trial court acts per our

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

trial court shall not be required to take any further action.

2 It is so ordered.

Per Curiam

Do not publish.