Elliot Ventura v. the State of Texas

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-22-00152-CR

ELLIOT VENTURA, APPELLANT V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 100th District Court Carson County, Texas

Trial Court No. 7100, Honorable Stuart Messer, Presiding

January 25, 2023

ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Elliot Ventura, appeals his conviction for evading arrest1 and sentence to thirty years’ confinement. We previously remanded this appeal for the trial court to determine why the reporter’s record was not timely filed and to arrange for a substitute reporter, if necessary. After a hearing on remand, the trial court entered an order finding that the official court reporter could complete the reporter’s record by December 26, 2022.

1 See TEX. PENAL CODE ANN. § 38.04.

We later granted the reporter an extension to January 13, 2023, but the reporter’s record has not been filed to date.

Accordingly, we abate the appeal and remand the cause to the trial court to arrange for a substitute reporter to complete, certify, and file the reporter’s record within thirty days of appointment. See TEX. R. APP. P. 35.3(c), 37.3(a)(2). The trial court is directed to enter any necessary orders and to file a supplemental clerk’s record by February 24, 2023.

It is so ordered.

Per Curiam

Do not publish.