Fernando E. Hernandez v. the State of Texas

• Court: Texas Court of Appeals, 7th District (Amarillo)
• Decided: March 17, 2026
• Docket: 07-25-00392-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-25-00392-CR

FERNANDO E. HERNANDEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the County Court at Law No. 2 Potter County, Texas Trial Court No. CCCR-25-288-2, Honorable Matthew H. Hand, Presiding

March 17, 2026 ORDER OF ABATEMENT AND REMAND Before PARKER, C.J., and DOSS and YARBROUGH, JJ.

Appellant, Fernando E. Hernandez, appeals from the trial court’s Order on

Jurisdiction and Remand, which dismissed his appeal from the Amarillo Municipal Court’s

judgment convicting him of speeding and assessing a fine. The appellate record was due

February 11, 2026. The clerk’s record was filed by this deadline. However, the reporter’s

record was not timely filed because Appellant did not request preparation or make

payment arrangements for the record. See TEX. R. APP. P. 35.3(b)(2), (3). By letter of

February 10, 2026, we directed Appellant to request preparation of the record and make any necessary payment arrangements by February 20, 2026, or we would remand the

cause to the trial court for further proceedings. See TEX. R. APP. P. 37.3(a)(2). The

reporter has since notified the Court that Appellant has not requested preparation or paid

for the reporter’s record to date.

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

determine the following:

1. whether Appellant still desires to prosecute the appeal;

2. whether Appellant is indigent;

3. why Appellant has not timely requested preparation of the reporter’s record;

4. whether Appellant is entitled to have the reporter’s record furnished without charge pursuant to Rule of Appellate Procedure 20.2; and

5. 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.

The trial court is also directed to enter such orders necessary to address the

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

supplemental record and cause that record to be filed with this Court by April 16, 2026.

It is so ordered.

Per Curiam

Do not publish.