Michael Dean Davis v. the State of Texas ( 2022 )


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  •                                         In The
    Court of Appeals
    Seventh District of Texas at Amarillo
    No. 07-22-00296-CR
    MICHAEL DEAN DAVIS, APPELLANT
    V.
    THE STATE OF TEXAS, APPELLEE
    On Appeal from the County Criminal Court No. 2
    Tarrant County, Texas1
    Trial Court No. 1711862, Honorable Betty Arvin, Presiding
    December 29, 2022
    ORDER OF ABATEMENT AND REMAND
    Before PARKER and DOSS and YARBROUGH, JJ.
    Appellant, Michael Dean Davis, appeals his conviction for driving while
    intoxicated.2 The appellate record was originally due November 28, 2022. The clerk’s
    record was filed by this deadline, but the reporter’s record was not. By letter of December
    8, 2022, we notified the reporter that the record was overdue and directed her to advise
    1Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by
    the Texas Supreme Court pursuant to its docket equalizations efforts. See TEX. GOV’T CODE ANN. § 73.001.
    2   See TEX. PENAL CODE ANN. § 49.04.
    this Court of the status of the record by December 19. To date, the reporter’s record has
    not been filed and the reporter has had no further communication with this Court.
    Accordingly, we abate the appeal and remand the cause to the trial court for further
    proceedings. See TEX. R. APP. P. 35.3(c) (“The trial and appellate courts are jointly
    responsible for ensuring that the appellate record is timely filed.”); 37.3(a)(2) (requiring
    appellate courts to “make whatever order is appropriate to avoid further delay and to
    preserve the parties’ rights” when the appellate record is not timely filed). On remand,
    the trial court shall determine the following:
    (1)    what tasks remain to complete the filing of the reporter’s record;
    (2)    why the reporter has not completed the necessary tasks;
    (3)    what amount of time is reasonably necessary for the completion of those
    tasks; and
    (4)    whether the reporter can complete the tasks within the time the trial court
    finds reasonable.
    Should the trial court determine that the reporter will require more than thirty days
    to complete, certify, and file the reporter’s record, it shall arrange for a substitute reporter
    to do so. The trial court is directed to enter such orders necessary to address the
    aforementioned questions. 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 January
    30, 2023.
    Should the reporter file the record on or before January 12, 2023, she is directed
    to immediately notify the trial court of the filing, in writing, whereupon the trial court shall
    not be required to take any further action.
    2
    It is so ordered.
    Per Curiam
    Do not publish.
    3
    

Document Info

Docket Number: 07-22-00296-CR

Filed Date: 12/29/2022

Precedential Status: Precedential

Modified Date: 1/5/2023