Julian Christopher Ferguson v. State ( 2015 )

IN THE
TENTH COURT OF APPEALS
No. 10-14-00354-CR
JULIAN CHRISTOPHER FERGUSON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 361st District Court
Brazos County, Texas
Trial Court No. 11-02212-CRF-361
ABATEMENT ORDER
In this case, appellant, Julian Christopher Ferguson, was convicted of unlawful
possession of a controlled substance, marihuana, in an amount greater than five pounds
but less than fifty pounds, a third-degree felony. See TEX. HEALTH & SAFETY CODE ANN. §
481.121(2) (West 2010). As a result of his conviction, Ferguson received an eight-year
prison sentence. The trial entered its judgment on November 14, 2014, and on November
19, 2014, Ferguson filed his notice of appeal. In his docketing statement, Ferguson
indicated that he had made arrangements to pay for the Reporter’s Record and that the
Court Reporter, Felix Thompson, would let “him know what the cost is when it is
finished. Reporter declined to give an estimate in advance.”
Our records indicate that the Reporter’s Record in this case was originally due on
January 13, 2015. See TEX. R. APP. P. 35.2. Because Thompson did not file the Reporter’s
Record in this case by January 13, 2015, we sent a letter on January 20, 2015, requesting
that Thompson file the record within thirty days. On January 27, 2015, Thompson filed a
motion for extension of time, requesting that we extend the filing deadline to February
16, 2015. On February 4, 2015, we granted Thompson’s motion and extended the filing
deadline to February 17, 2015.
Thereafter, on February 16, 2015, Thompson sent this Court an email stating that
he was taking a five-week, non-paid leave of absence from his duties as the official court
reporter for the 361st District Court to become current with his appeals records. On
March 4, 2015, we acknowledged Thompson’s February 16, 2015 email and notified him
that the Reporter’s Record in this case was overdue. We have not received any written
correspondence from Thompson about this case since the February 16, 2015 email.
Furthermore, Thompson has yet to file the Reporter’s Record in this matter.
It is the joint responsibility of this Court and the trial court to ensure that the
appellate record is timely filed. Id. at R. 35.3(c). Further, this Court may enter any order
necessary to ensure the timely filing of the appellate record. Id. Accordingly, we abate
this appeal and order the trial court to conduct a hearing within twenty-one days of the
date of this abatement order to determine a date certain by when the reporter’s record
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can be filed in a manner that does not further delay the prosecution of this appeal or have
the practical effect of depriving appellant of his right of appeal.
The court reporter is ordered to file a supplemental reporter’s record with this
Court containing the transcription of the hearing within seven days of the hearing.
Further, the district clerk shall file a supplemental clerk’s record with this Court
containing the trial court’s findings and order within seven days of the hearing.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed July 9, 2015
Do not publish
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