Ex Parte Javier Ordonez

• Court: Court of Appeals of Texas
• Decided: January 29, 2019
• Docket: 07-18-00445-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-18-00445-CR

EX PARTE JAVIER ORDONEZ

On Appeal from the 69th District Court Moore County, Texas Trial Court No. 3754W2, Honorable Ron Enns, Presiding

January 29, 2019

ORDER OF ABATEMENT AND REMAND Before CAMPBELL and PIRTLE and PARKER, JJ.

Appellant Javier Ordonez appeals the denial of his petition for writ of habeas

corpus filed under article 11.072 of the Texas Code of Criminal Procedure.

Appellant is represented by retained counsel. The appellate record was due on

January 3, 2019. The clerk’s record has been filed. However, on January 10, the reporter

notified the Court that appellant had not paid or made acceptable payment arrangements

for the reporter’s record. See TEX. R. APP. P. 35.3(b)(3). By letter of January 11, we

directed appellant to make acceptable payment arrangements for the reporter’s record by

January 18. Failure to do so, we advised, could result in the appeal being abated and

the cause remanded to the trial court for further proceedings. See TEX. R. APP. P. 37.3(a)(2). Appellant has not made payment arrangements for the reporter’s record to

date.

Accordingly, we abate the appeal and remand the cause to the trial court for further

proceedings. See TEX. R. APP. P. 37.3(a)(2). Upon remand, the trial court shall utilize

whatever means it finds necessary to determine the following:

(1) whether appellant still desires to prosecute the appeal;

(2) if appellant desires to prosecute the appeal, whether appellant is entitled to have the reporter’s record furnished without charge;

(3) if appellant is not entitled to have the reporter’s record furnished without charge, the date appellant will make acceptable payment arrangements for the reporter’s record; and

(4) what orders, if any, should be entered to assure that the reporter’s record will be filed promptly and that the appeal will be diligently pursued.

The trial court shall issue findings of fact and conclusions of law addressing the

foregoing subjects. Additionally, the trial court shall cause to be developed 1) a clerk’s

record containing the findings of fact and conclusions of law, and 2) a reporter’s record

transcribing the evidence and argument presented at any hearing held. The hearing

record shall be filed with the Clerk of this Court on or before February 28, 2019. Should

additional time be needed to perform these tasks, then same must be requested on or

before that date.

It is so ordered.

Per Curiam

Do not publish.