Humberto Saul Mendoza Rodriguez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 21, 2022
• Docket: 07-22-00231-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00231-CR

HUMBERTO SAUL MENDOZA RODRIGUEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 287th District Court Parmer County, Texas Trial Court No. 3724, Honorable Robert W. Kinkaid, Jr., Presiding

November 21, 2022 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Humberto Saul Mendoza Rodriguez, appeals his conviction for driving

while intoxicated with a child passenger1 and sentence to 180 days’ confinement. The

reporter’s record was due September 14, 2022, but was not filed. The Court has since

been advised that the reporter has passed away. Under these unfortunate

circumstances, we abate the appeal and remand the cause to the trial court to arrange

1 See TEX. PENAL CODE ANN. § 49.045. for the appointment of a deputy reporter to complete the record. See TEX. R. APP. P. 13.5,

35.3(c), 37.3(a)(2). The name, address, telephone number, and email address of the

deputy reporter shall be provided by order of the trial court and included in a supplemental

clerk’s record to be filed with this Court by December 21, 2022. The reporter’s record

shall be filed with this Court within thirty days of the date of appointment of the deputy

reporter. Should further time be needed to perform these tasks, then same may be

requested.

It is so ordered.

Per Curiam

Do not publish.