COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ABATEMENT ORDER
Appellate case name: Allan Ramon Martinez v. The State of Texas
Appellate case number: 01-22-00488-CR
Trial court case number: 1563904
Trial court: 339th District Court of Harris County
The appellate record was due on August 22, 2022. The clerk’s record was filed on August
18, 2022, but the court reporter, Elizabeth Cordova, has failed to file the reporter’s record.
On August 22, 2022, the Court granted a request that the deadline for filing the reporter’s
record be extended to September 21, 2022. On September 9, 2022, the Court granted a request that
the deadline for filing the reporter’s record be extended to October 10, 2022. On October 9, 2022,
the Court granted a request that the deadline for filing the reporter’s record be extended to October
31, 2022. The reporter’s record was not filed by the extended deadline. Accordingly, on November
2, 2022, the Court ordered the court reporter to file the record by December 2, 2022. The Court
subsequently issued an order on November 17, 2022, ordering the court reporter to file the record
by December 17, 2022. In our November 17, 2022 order, the Court notified the court reporter that
no further extensions will be considered absent exceptional circumstances, and that the failure to
file the reporter’s record by the extended deadline would result in the Court issuing an order
directing the trial court to “conduct a hearing to determine the reason for the failure to file the
record.” The reporter’s record was not filed by the ordered deadline.
Accordingly, we abate the appeal and direct the trial court, within 30 days of this order,
to (1) conduct a hearing to determine the reason for the failure to timely file the reporter’s record;
(2) set a deadline by which the reporter’s record will be filed with the Clerk of this Court; and (3)
enter written findings of fact, conclusions of law, and recommendations as to these issues. A
representative of the Harris County District Attorney’s office, appellant’s counsel, and the court
reporter, Elizabeth Cordova, shall be present at the abatement hearing. At the trial court’s
discretion, appellant may be present for the hearing in person or, if appellant is incarcerated,
appellant may participate in the hearing by closed-circuit video teleconferencing.
The trial court shall have a court reporter record the hearing and file the reporter’s record
with this Court within 15 days of the date of the hearing. The trial court clerk is directed to file,
within 15 days of the date of the hearing, a supplemental clerk’s record containing the trial court’s
findings, recommendations, and any order made. See TEX. R. APP. P. 34.5(c).
The appeal is abated, treated as a closed case, and removed from this Court’s active docket.
The appeal will be reinstated on this Court’s active docket when the supplemental clerk’s record
and the reporter’s record of the hearing are filed in this Court.
It is so ORDERED.
Judge’s signature: ____/s/ Sarah B. Landau______
Acting individually
Date: ___January 26, 2023_____