Leroy Criswell Jr. v. State

• Court: Court of Appeals of Texas
• Decided: December 7, 2015
• Docket: 09-15-00284-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00284-CR ____________________

LEROY CRISWELL JR., Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 411th District Court Polk County, Texas Trial Cause No. 21436 ________________________________________________________ _____________

ORDER

The reporter’s record, due September 21, 2015, has not been filed. Mel

Power is responsible for preparing, certifying, and timely filing the reporter’s

record. See Tex. R. App. P. 35.3(b). On November 9, 2015, we informed the court

reporter that the record must be filed within thirty days or the matter would be

referred for an enforcement order. The court reporter failed to file the record by the

due date.

1 It is, therefore, ORDERED that the appeal is abated and the case is

remanded to the trial court for a hearing to determine why the reporter’s record has

not been filed. See Tex. R. App. P. 37.3(a)(1). The trial court shall determine why

the court reporter did not timely file the record, and may make such orders as shall

be necessary to ensure the reporter’s record is promptly filed. 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.”). A reporter’s record shall be made of the hearing

and, together with a supplemental clerk’s record containing any findings or orders

of the trial court, shall be filed with the Court of Appeals by January 11, 2016.

ORDER ENTERED December 7, 2015.

PER CURIAM

Before Kreger, Horton, and Johnson, JJ.