Luke Gonzalez v. State ( 2016 )

NUMBER 13-16-00532-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
LUKE GONZALEZ, Appellants,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 361st District Court
of Brazos County, Texas.
ORDER ABATING APPEAL
Before Justices Garza, Perkes, and Longoria
Order Per Curiam
This cause is before the Court because the reporter’s record cannot be
completed. 1 The reporter’s record in this cause was originally due to be filed on
1 This case is before the Court on transfer from the Tenth Court of Appeals in Waco pursuant to a
docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001
(West, Westlaw through 2015 R.S.).
September 9, 2016. On November 18, 2016, reporter Wendy L. Kirby advised this Court
that she is unable to complete the record by the current due date of November 28, 2016,
without obtaining a bond hearing transcript from reporter Felix Thompson. The hearings
designated for the reporter’s record include a bond hearing on September 3, 2014 in
which Mr. Thompson was the reporter. Ms. Kirby has contacted Mr. Thompson on
several occasions but has not received a reply regarding the status of his portion of the
record. Without the record from the hearing held on September 3, 2014, Ms. Kirby
cannot complete the master index and file a complete reporter’s record.
This sequence of events requires us to effectuate our responsibility to avoid further
delay and to preserve the parties’ rights. See TEX. R. APP. P. 37.3(a)(1). Accordingly,
this appeal is ABATED and the cause REMANDED to the trial court.
Upon remand, the judge of the trial court shall determine if the reporter’s record,
or any part thereof, has been lost or destroyed, and shall make appropriate findings under
Tex. R. App. P. 34.6(f), if necessary. Otherwise, the court shall determine what steps
are necessary to ensure the prompt preparation of a reporter's record, and shall enter any
orders required to avoid further delay and to preserve the parties’ rights.
The trial court shall prepare and file its findings and orders and cause them to be
included in a supplemental clerk's record which should be submitted to the Clerk of this
Court within thirty days from the date of this order.
IT IS SO ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
2
Delivered and filed this
the 5th day of December, 2016.
3