IN THE
TENTH COURT OF APPEALS
No. 10-09-00260-CR
Christopher Lee Phillips,
Appellant
v.
The State of Texas,
Appellee
From the 85th District Court
Brazos County, Texas
Trial Court No. 08-01833-CRF-85
ABATEMENT ORDER
In an order dated May 19, 2010, this Court held:
It is the joint responsibility of this Court and the trial court to ensure that the appellate record is timely filed. Tex. R. App. P. 35.3(c). Further, this Court may enter any order necessary to ensure the timely filing of the appellate record. Id. Accordingly, Helen Wooten’s portion of the reporter’s record is ORDERED to be filed no later than 7 days from the date of this order.
Failure to file the reporter’s record as herein ordered will result in an abatement order for the trial court, the Honorable J.D. Langley of the 85th District Court, to determine, working with the deputy reporter, Helen Wooten, a date certain by which the supplemental (sic) reporter’s record will be filed.
The complete reporter’s record in this appeal was originally due on August 3, 2009. Tex. R. App. P. 35.2(a). Even after issuance of the May 19, 2010 order, Wooten’s portion of the reporter’s record still has not been filed.
Accordingly, this appeal is ORDERED to be abated for the trial court, the Honorable J.D. Langley of the 85th District Court, to determine, working with the deputy reporter, Helen Wooten, a date certain by which her portion of the reporter’s record will be filed. A determination must be made in writing and provided to the trial court clerk within 7 days from the date of this order. The trial court clerk is ordered to provide a supplemental clerk’s record, containing the written determination of the trial court, within 14 days from the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Order issued and filed June 2, 2010
Do not publish
mes', serif"> Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed July 7, 2004
[CV06]