Rino Rey Acosta v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 25, 2023
• Docket: 07-22-00150-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00149-CR No. 07-22-00150-CR

RINO REY ACOSTA, APPELLANT

V.

STATE OF TEXAS, APPELLEE

On Appeal from the 100th District Court Childress County, Texas Trial Court Nos. 6606 & 6607, Honorable Stuart Messer, Presiding

January 25, 2023 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Rino Rey Acosta, appeals from the trial court’s judgments adjudicating

him guilty of the offense of burglary of a habitation.1 We previously remanded the appeals

for the trial court to determine why the reporter’s record was not timely filed and to arrange

for a substitute reporter, if necessary. After a hearing on remand, the trial court entered

1 See TEX. PENAL CODE ANN. § 30.02. an order finding that the official court reporter could complete the reporter’s record by

December 26, 2022. We later granted the reporter an extension to January 6, 2023, but

the reporter’s record has not been filed to date.

Accordingly, we abate the appeals and remand the causes to the trial court to

arrange for a substitute reporter to complete, certify, and file the reporter’s record within

thirty days of appointment. See TEX. R. APP. P. 35.3(c), 37.3(a)(2). The trial court is

directed to enter any necessary orders and to file a supplemental clerk’s record by

February 24, 2023.

It is so ordered.

Per Curiam

Do not publish.