Elliot Ventura v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 25, 2023
• Docket: 07-22-00152-CR
• Status: Published

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Do not publish.