NO. 07-00-0399-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
MARCH 27, 2001
______________________________
SAMUEL DEAN JONES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 242ND DISTRICT COURT OF HALE COUNTY;
NO. B13669-0003; HON. EDWARD L. SELF, PRESIDING
_______________________________
ABATEMENT AND REMAND
_______________________________
Before QUINN and REAVIS and JOHNSON, JJ.
Samuel Dean Jones, appellant, appeals his conviction for possessing a controlled
substance. Appellant filed a motion for new trial which was overruled by operation of law.
Both his notice of appeal and the clerk’s record were timely filed with this Court. On
October 10, 2000, we received a request for extension to file the reporter’s record from the
official court reporter of the 242nd District Court of Hale County. The request was granted,
and the deadline was extended to January 29, 2001. On January 17, 2001, we received
a letter from the court reporter regarding his upcoming surgery. However, the reporter
assured us that either he would file the record or request another extension. January 29th
passed without the record or a request for extension being filed. On March 2, 2001, we
advised the court reporter that the record had not been filed and directed him to tell us
(within ten days) why it was outstanding. On March 14, 2001, the court reporter filed
another request for an extension. Therein, he assured us that the document would be filed
on March 19, 2001. On March 19th no record was received nor did we receive another
request for an extension.
We, therefore, abate the appeal and remand the cause to the 242nd District Court
of Hale County. The judge of said court is ordered to convene a hearing (after notice to
appellant and the State) to determine the following matters:
1. if appellant has abandoned his appeal;
2. if appellant has not abandoned his appeal whether the attorney of record
continues to represent appellant and will diligently pursue this appeal;
3. whether a reporter’s record can be transcribed and filed as part of the
appellate record;
4. whether the court reporter transcribing the reporter’s record involved in this
appeal is capable of completing the record and, if so,when it will be
completed; and,
5. whether an alternate reporter should be deputized and assigned the task of
completing the record in a timely manner.
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The trial court shall enter any and all orders necessary to assure the timely
completion of the reporter’s record involved in this appeal. So too shall it prepare and file
its findings and orders and cause them to be included in a supplemental clerk’s record.
In addition, the trial court shall cause a transcription of the hearing to be prepared and
included in the supplemental reporter’s record. Both the supplemental clerk’s record and
reporter’s record must be submitted to the clerk of this court no later than April 26, 2001.
Should additional time be needed to comply with this order, the district court may request
same on or before April 26, 2001.
It is so Ordered.
Per Curiam
Do not publish.
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