In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-13-00352-CR
RODERICK SUITERS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the County Court
Falls County, Texas
Trial Court No. 12-09087, Honorable R. S. Sharp, Presiding
February 24, 2014
ON ABATEMENT AND REMAND
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant Roderick Suiters appeals from his conviction for assault. The clerk=s
record has been filed. On December 15, 2013, the court reporter moved for an
extension of time to file the reporter’s record. The motion was granted, and the
deadline was moved from November 4, 2013 to December 31, 2013. Thereafter, the
reporter once again moved for an extension, which motion was granted. The new
deadline was set as January 28, 2014, and the reporter was told that no other
extensions would be granted. So too was the reporter told that the matter would be
abated if the January 28th deadline was not met. To date no reporter’s record has been
filed. Nor has the reporter responded to the most recent communications from our
clerk’s office.
Accordingly, we abate the appeal and remand the cause to the County Court of
Falls 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 records 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 his 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 issue, 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 March 14, 2014. Should further time be
needed by the trial court to perform these tasks, then same must be requested before
March 14, 2014.
It is so ordered.
Per Curiam
Do not publish.
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