NO. 07-12-0382-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JANUARY 4, 2013
______________________________
PAUL DAVID GILLETTE,
Appellant
V.
THE STATE OF TEXAS,
Appellees
______________________________
FROM THE 47th DISTRICT COURT OF POTTER COUNTY;
NO. 62,169-A; HON. DAN L. SCHAAP, PRESIDING
_______________________________
ON ABATEMENT AND REMAND
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant Paul David Gillette appeals from his conviction for the offense of
murder. On October 18, 2012, the clerk’s record was filed. The reporter’s record was
due on October 26, 2012. On November 2, 2012, this court notified the reporter by
letter that the record was late and directed the reporter to respond, by November 13,
2012, and explain why it had not been filed. On November 9, 2012, the reporter filed a
motion for extension of time to file the record, which was granted to November 26,
2012. On November 29, 2012, the reporter filed a second extension to extend the time
to file the record, which was granted to December 27, 2012. To date, no response,
status report, or reporter’s record has been filed.
Accordingly, we abate this appeal and remand the causes to the 47th District
Court of Potter County (trial court) for further proceedings. Upon remand, the trial court
shall determine, via hearing or other reasonable means:
when the reporter’s record will be transcribed into written
form and filed in accordance with the rules of appellate
procedure and 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.
Additionally, the district court shall then cause those findings of fact and conclusions of
law to be filed with the clerk of this court on or before February 4, 2013. Should further
time be needed by the trial court to perform these tasks, then same must be requested
before February 4, 2013.
It is so ordered.
Per Curiam
Do not publish.
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