Gilbert Fernandez v. the State of Texas ( 2022 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-21-00256-CR
No. 07-21-00257-CR
________________________
GILBERT FERNANDEZ, APPELLANT
V.
STATE OF TEXAS, APPELLEE
On Appeal from the 100th District Court
Collingsworth County, Texas
Trial Court Nos. 3062 & 3063; Honorable Stuart Messer, Presiding
February 22, 2021
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PIRTLE and PAKRER, JJ.
Appellant, Gilbert Fernandez, appeals his convictions for murder 1 and for
aggravated assault with a deadly weapon. 2 He was sentenced to life imprisonment for
1 See TEX. PENAL CODE ANN. § 19.02.
2 See TEX. PENAL CODE ANN. § 22.02.
murder and to twenty years confinement for aggravated assault, with the sentences to
run concurrently. The court reporter’s record was due February 10, 2022, but was not
filed. The court has been notified that the official court reporter, Krista Hodges, passed
away on January 16, 2022. Under these unfortunate circumstances, we abate the
appeals and remand the causes to the trial court to arrange for the appointment of a
deputy court reporter to complete the record, if possible. See TEX. R. APP. P. 13.5,
35.3(c), 37.3(a)(2). The name, address, telephone number, and email address of the
deputy court reporter shall be provided by order of the trial court and included in the clerk’s
record to be filed with this court by March 11, 2022. 3 The court reporter’s record shall be
filed with this court within thirty days of the date of appointment of the deputy court
reporter. Should further time be needed to perform these tasks, then same may be
requested.
It is so ordered.
Per Curiam
Do not publish.
3 The clerk’s records were due February 10, 2022. To date, the clerk has not filed the records,
notified the court of the status of the records, or requested an extension of time. Accordingly, the entire
clerk’s records, including the Order Appointing a Deputy Court Reporter, shall be filed by March 11, 2022.
2