Tyler McDaniel v. State ( 2014 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-13-00397-CR
________________________
TYLER MCDANIEL, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from County Court at Law Number One
Lubbock County, Texas
Trial Court No. 2012-470,096; Honorable Mark Hocker, Presiding
February 27, 2014
ABATEMENT AND REMAND
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
Following a plea of not guilty, Appellant, Tyler McDaniel, was convicted by a jury
of misdemeanor driving while intoxicated and sentenced to 180 days confinement in the
Lubbock County jail.1 He filed a pro se notice of appeal. After an extension of time was
granted, the clerk’s record was filed on January 13, 2014. The reporter's record was
due on December 13, 2013, and an extension of time was granted to January 16, 2014.
1
TEX. PENAL CODE ANN. § 49.04(b) (West Supp. 2013) and § 12.22 (West 2011).
A subsequent extension was granted to January 29, 2014. The reporter's record was
not filed and, by letter dated February 5, 2014, delivered via e-mail, this Court notified
the official court reporter of the deficiency and requested that she advise on the status
of the record on or before February 18, 2014. No response was filed and to date, the
reporter's record remains outstanding.
The court reporter is responsible for preparing, certifying and timely filing the
reporter's record. TEX. R. APP. P. 35.3(b). Additionally, trial and appellate courts are
jointly responsible for ensuring that the appellate record is timely filed. TEX. R. APP. P.
35.3(c). Consequently, we now abate this appeal to the trial court for further
proceedings.
Upon remand, the trial court shall utilize whatever means necessary to determine
the reasons for the delay in the filing of the reporter's record and take such action as is
necessary to ensure the filing of same on or before March 17, 2014. The trial court
shall enter findings of fact and conclusions of law and shall cause its findings,
conclusions and any necessary orders to be included in the clerk's record.
It is so ordered.
Per Curiam
Do not publish.
2