Rino Rey Acosta v. the State of Texas ( 2022 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-22-00149-CR
No. 07-22-00150-CR
RINO REY ACOSTA, APPELLANT
V.
STATE OF TEXAS, APPELLEE
On Appeal from the 100th District Court
Childress County, Texas
Trial Court Nos. 6606 & 6607, Honorable Stuart Messer, Presiding
December 2, 2022
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
Appellant, Rino Rey Acosta, appeals from the trial court’s judgments adjudicating
him guilty of the offense of burglary of a habitation.1 The appellate record was originally
due September 8, 2022. The clerk’s record was filed by this deadline, but the reporter’s
record was not. We subsequently granted the reporter an extension to file the reporter’s
record. By letter of October 11, 2022, we admonished the reporter that failure to file the
1 See TEX. PENAL CODE ANN. § 30.02.
reporter’s record by October 24 could result in the appeal being abated and the cause
remanded to the trial court for further proceedings without further notice. To date, the
reporter’s record has not been filed and the reporter has had no further communication
with this Court.
Accordingly, we abate the appeal and remand the cause to the trial court for further
proceedings. See TEX. R. APP. P. 35.3(c) (“The trial and appellate courts are jointly
responsible for ensuring that the appellate record is timely filed.”); 37.3(a)(2) (requiring
appellate courts to “make whatever order is appropriate to avoid further delay and to
preserve the parties’ rights” when the appellate record is not timely filed). On remand,
the trial court shall determine the following:
1. what tasks remain to complete the filing of the reporter’s record;
2. why the reporter has not completed the necessary tasks;
3. what amount of time is reasonably necessary for the completion of
those tasks; and
4. whether the reporter can complete the tasks within the time the trial
court finds reasonable.
Should the trial court determine that the reporter will require more than thirty days
to complete, certify, and file the reporter’s record, it shall arrange for a substitute reporter
to do so. The trial court is directed to enter such orders necessary to address the
aforementioned questions. So too shall it include its findings on those matters in a
supplemental clerk’s record and cause that record to be filed with this Court by January
2, 2023.
2
Should the reporter file the reporter’s record on or before December 16, 2022, she
is directed to immediately notify the trial court of the filing, in writing, whereupon the trial
court shall not be required to take any further action.
It is so ordered.
Per Curiam
Do not publish.
Quinn, C.J., not participating.
3