NO. 07-09-0013-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
APRIL 20, 2009
______________________________
MIGUEL AVELAR AKA MICHAEL AVELAR,
Appellant
V.
THE STATE OF TEXAS,
Appellees
______________________________
FROM THE 140th DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2002-438,946; HON. JIM BOB DARNELL, PRESIDING
_______________________________
ON ABATEMENT AND REMAND
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant Miguel Avelar aka Michael Avelar appeals from his conviction for the
offense of aggravated sexual assault. On March 5, 2009, the clerk’s record was filed. The
reporter’s record was due on March 9, 2009. On March 18, 2009, this Court notified the
reporter by letter that the record had not been filed and to advise the Court of the status
of the record on or before March 30, 2009. On March 24, 2009, the reporter filed a motion
for extension of time to file the record, which was granted to April 8, 2009. On April 14,
2009, the reporter filed a second extension motion requesting until May 11, 2009, to file
the record.
Accordingly, we abate this appeal and remand the cause to the 140th District Court
of Lubbock County (trial court) for further proceedings. Upon remand, the trial court shall
immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to
determine:
when the reporter’s record can reasonably be transcribed into
written form and filed in a manner that does not further delay
the prosecution of this appeal or have the practical effect of
depriving the appellant of their right to appeal.
The trial court shall cause the hearing to be transcribed. So too shall it 1) execute
findings of fact and conclusions of law addressing the foregoing issues, 2) cause to be
developed a supplemental clerk’s record containing its findings of fact and conclusions of
law and all orders it may issue as a result of its hearing in this matter, and 3) cause to be
developed a reporter’s record transcribing the evidence and arguments presented at the
aforementioned hearing, if any. Additionally, the district court shall then file the
supplemental clerk’s and reporter’s records transcribing the hearing with the clerk of this
court on or before May 20, 2009. Should further time be needed by the trial court to
perform these tasks, then same must be requested before May 20, 2009.
It is so ordered.
Per Curiam
Do not publish.
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