George Allen Rogers v. the State of Texas

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-26-00218-CR

GEORGE ALLEN ROGERS, APPELLANT V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 108th District Court Potter County, Texas

Trial Court No. 085470-E-CR, Honorable Timothy G. Pirtle, Presiding

August 25, 2026

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

Appellant, George Allen Rogers, appeals his conviction for continuous sexual abuse of a child1 and sentence to life in prison. The reporter’s record was originally due June 15, 2026, but we granted the reporter two extensions to file the record due to her caseload. By letter of July 20, 2026, we admonished the reporter that failure to file the reporter’s record by August 14, 2026, could result in the appeal being abated and the

1 See TEX. PENAL CODE § 21.02(b).

cause remanded to the trial court for further proceedings without further notice. The reporter has since requested a third extension of thirty days to file the reporter’s record, again due to caseload.

To expedite the disposition of this 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 24, 2026.

3

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.

It is so ordered.

Per Curiam

Do not publish.