John Hernandez v. State

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-19-00244-CR
JOHN HERNANDEZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 47th District Court
Potter County, Texas
Trial Court No. 75,026-A-CR, Honorable Dan L. Schaap, Presiding
October 29, 2019
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Appellant John Hernandez appeals his conviction for driving while intoxicated,
enhanced,1 and sentence to sixty years’ confinement. The appellate record was originally
due August 19, 2019. The clerk’s record was filed by this deadline, but the reporter’s
record was not. We subsequently granted the reporter, Ms. Dina Wall, two extensions to
file the reporter’s record. By letter of September 23, 2019, we admonished Ms. Wall that
1 TEX. PENAL CODE ANN. §§ 49.04, 49.09(b) (West Supp. 2018).
failure to file the reporter’s record by October 18 could result in the appeal being abated
and the cause remanded to the trial court for further proceedings without further notice.
The reporter’s record has not been filed to date, and Ms. Wall has not provided the Court
with any explanation for her failure to file the record.
Accordingly, we abate the appeal and remand the cause to the trial court for further
proceedings. See TEX. R. APP. P. 35.3(c), 37.3(a)(2). On remand, the trial court shall
determine the following:
1. what tasks remain to complete the filing of the reporter’s record;
2. why Ms. Wall has not completed the necessary tasks;
3. what amount of time is reasonably necessary for the completion of those
tasks; and
4. whether Ms. Wall can complete the tasks within the time the trial court finds
reasonable.
Should the trial court determine that Ms. Wall 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 December
2, 2019.
It is so ordered.
Per Curiam
Do not publish.
2