Travis Tyrone Mitchell v. State

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-19-00322-CR
________________________
TRAVIS TYRONE MITCHELL, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 47th District Court
Potter County, Texas
Trial Court No. 76,765-A-CR; Honorable Dan L. Schaap, Presiding
December 9, 2019
ABATEMENT AND REMAND
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Appellant, Travis Tyrone Mitchell, appeals his conviction for burglary of a
habitation1 and sentence to ten years confinement. The appellate record was due on
November 12, 2019. The clerk’s record was timely filed, but the reporter’s record was not
filed by this deadline. By letter of November 19, 2019, we notified the reporter that the
1 TEX. PENAL CODE ANN. § 30.02(C)(2) (West 2019).
reporter’s record was overdue and directed her to advise this court of the status of the
record by December 2. To date, the reporter has not filed the reporter’s record or
requested an extension of time to file the record.
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 and remand the cause 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 filing the reporter’s record and take such action as is
necessary to ensure the filing of same on or before January 6, 2020. See TEX. R. APP.
P. 37.3(a)(2). The trial court shall enter findings of fact and conclusions of law addressing
these subjects and shall cause its findings, conclusions, and any necessary orders to be
included in a supplemental clerk’s record filed with this court by January 21, 2020.
Should the reporter file the complete reporter’s record on or before December 23,
2019, 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.
It is so ordered.
Per Curiam
Do not publish.
2