Jonathan David Tarbet v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 12, 2025
• Docket: 03-24-00703-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00703-CR

Jonathan David Tarbet, Appellant

v.

The State of Texas, Appellee

FROM THE 424TH DISTRICT COURT OF LLANO COUNTY NO. CR8554, THE HONORABLE EVAN C. STUBBS, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant Jonathan David Tarbet, through counsel Lyn Jenkins, has filed a notice

of appeal in this Court, seeking review of a sentence imposed in the above cause number.

Lyn Jenkins also relayed appellant’s request for court-appointed counsel “as he is indigent.” The

clerk’s and reporter’s records in this appeal were due for filing in this Court on December 23,

2024. On December 30, 2024, we notified appellant that no reporter’s record had been filed due

to his failure to request the reporter’s record. The notice requested that appellant provide this

Court with written verification—that a request to the court reporter for the record had been

made—by January 9, 2025. On January 8, 2025, we notified appellant that no clerk’s record had

been filed due to his failure to pay or make arrangements to pay the trial clerk’s fee for preparing

the clerk’s record. The notice requested that appellant make arrangements for the clerk’s record

and submit a status report regarding this appeal by January 17, 2025. To date, appellant has not filed a status report or otherwise responded to this

Court’s notices and the clerk’s and reporter’s records have not been filed. If a trial-court clerk

fails to file the clerk’s record due to an appellant’s failure to pay or make arrangements to pay for

the clerk’s fee for preparing the record, the appellate court may dismiss the appeal for want of

prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App.

P. 37.3(b). The appeal is abated and remanded to the trial court for a hearing to determine

whether appellant is presently indigent and entitled to proceed without payment of costs. See

Tex. R. App. P. 37.3(a)(2) (“If the clerk’s record or reporter’s record has not been timely filed,

the appellate court clerk must refer the matter to the appellate court. The court must make

whatever order is appropriate to avoid further delay and to preserve the parties’ rights.”).

If the trial court finds that appellant cannot pay or give security for the appellate

record, it shall order the preparation of the clerk’s and reporter’s records at no cost to appellant.

In addition, the trial court shall consider appellant’s pending request, if any, for the appointment

of appellate counsel. See Tex. Code Crim. Proc. art. 1.051(b), (d)(1). Following the hearing,

which shall be transcribed, the trial court shall order the appropriate supplemental clerk’s and

reporter’s records to be prepared and forwarded to this Court no later than March 14, 2025.

It is ordered on February 12, 2025.

Before Chief Justice Byrne, Justices Kelly and Ellis

Abated and Remanded

Filed: February 12, 2025

Do Not Publish