Pedro Erevia v. the State of Texas ( 2022 )


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  •                                       In The
    Court of Appeals
    Seventh District of Texas at Amarillo
    No. 07-22-00143-CR
    PEDRO EREVIA, APPELLANT
    V.
    THE STATE OF TEXAS, APPELLEE
    On Appeal from the 364th District Court
    Lubbock County, Texas
    Trial Court No. 2021-422,218, Honorable William R. Eichman II, Presiding
    October 12, 2022
    ORDER OF ABATEMENT AND REMAND
    Before QUINN, C.J., and PARKER and DOSS, JJ.
    Appellant, Pedro Erevia, appeals his conviction for murder. 1 The clerk’s and
    reporter’s records were filed with this Court, and Appellant’s brief was due September 23,
    2022. Now pending before the Court is Appellant’s “motion to complete” the reporter’s
    record and his third motion for an extension of time to file a brief. We are unable to
    ascertain from Appellant’s motion what items he claims are necessary for completion of
    1   See TEX. PENAL CODE ANN. § 19.02.
    the reporter’s record. Accordingly, we abate the appeal and remand the cause to the trial
    court for further proceedings.
    Upon remand the trial court shall hold a hearing to determine (1) whether the
    reporter has filed all voir dire proceedings, testimony, arguments, objections, and exhibits
    with this Court; (2) what tasks, if any, remain to complete the filing of the reporter’s record;
    (3) what items Appellant believes were omitted from the reporter’s record; and (4) what
    amount of time is reasonably necessary to complete the supplementation of the reporter’s
    record, if any. The trial court is directed to enter such orders necessary to address the
    aforementioned questions and to ensure that a complete reporter’s record is filed with this
    Court. So too shall it include its findings on those matters in a supplemental clerk’s record
    and cause that record to be filed with this Court by November 14, 2022.
    It is so ordered.
    Per Curiam
    Do not publish.
    2
    

Document Info

Docket Number: 07-22-00143-CR

Filed Date: 10/12/2022

Precedential Status: Precedential

Modified Date: 10/13/2022