Jorge Ordonez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 27, 2025
• Docket: 07-25-00080-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-25-00080-CR

JORGE ORDONEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 242nd District Court Castro County, Texas Trial Court No. B3812-1707, Honorable Kregg Hukill, Presiding

June 27, 2025 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Jorge Ordonez, appeals from the trial court’s judgment adjudicating him

guilty of possession of a controlled substance1 and sentencing him to eighteen months of

confinement. The reporter’s record was originally due April 10, 2025, but we granted the

reporter an extension to May 12 to file the record due to her caseload. However, the

record was not filed by that date. By letter of May 20, 2025, we notified the reporter that

1 See TEX. HEALTH & SAFETY CODE ANN. § 481.115(b). the record was overdue and directed her to advise this Court of the status of the record

by May 30. The reporter has not filed the record or had any further communication with

this Court to date.

Consequently, we 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 July 28,

2025.

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.

2 It is so ordered.

Per Curiam

Do not publish.