Kieston Dennard Allen v. the State of Texas

• Court: Texas Court of Appeals, 7th District (Amarillo)
• Decided: March 2, 2026
• Docket: 07-25-00279-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-25-00279-CR

KIESTON DENNARD ALLEN, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 100th District Court Childress County, Texas Trial Court No. 7084, Honorable Dale A. Rabe, Jr., Presiding

March 2, 2026 ORDER OF ABATEMENT AND REMAND Before PARKER, C.J., and DOSS and YARBROUGH, JJ.

Appellant, Kieston Dennard Allen, appeals from the trial court’s judgment

adjudicating him guilty of possession of a controlled substance1 and sentencing him to

eighteen years of confinement. The reporter’s record was due on January 21, 2026, but

was not filed. By letter of February 4, 2026, we notified the reporter that the record was

overdue and directed her to advise this Court of the status of the record by February 16,

1 See TEX. HEALTH & SAFETY CODE § 481.116. 2026. The reporter has not filed the record or had any further communication with this

Court to date.

Accordingly, 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) why the reporter has not completed the necessary tasks;

(3) what amount of time is reasonably necessary for the completion of those

tasks; and

(4) 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 April 1,

2026.

2 Should the reporter file the record on or before the date the trial court acts per our

directive, she is directed to 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.