Narrative Opinion Summary
In this appellate case, an individual convicted of felony driving while intoxicated challenges the conviction, but procedural complications arise due to the failure to file the reporter’s record by the deadline of June 26, 2007. The appellate court, noting the absence of an extension request and a status update from the court reporter, abates the appeal and remands it to the Criminal District Court Number One of Tarrant County. The trial court is tasked with holding a hearing to ascertain reasons for the delay, establish a timeline for the completion of the record, and consider appointing an alternate reporter if necessary. The trial court must document the proceedings by preparing findings of fact and conclusions of law, alongside a supplemental clerk’s record, and submit these materials to the appellate court by August 24, 2007. This procedural intervention aims to ensure the appeal progresses without undue delay, underscoring the importance of adhering to appellate procedural rules and timelines.
Legal Issues Addressed
Abatement and Remand for Procedural Deficienciessubscribe to see similar legal issues
Application: The appellate court abated and remanded the case due to procedural deficiencies in the filing of the reporter's record, requiring further proceedings to resolve the issues.
Reasoning: As a result, the appeal is abated and remanded to the Criminal District Court Number One of Tarrant County for further proceedings.
Appellate Procedure for Record Filingsubscribe to see similar legal issues
Application: The case highlights the procedural requirements for filing an appellate record and the consequences of failing to meet deadlines, necessitating a status update and potential remedial actions.
Reasoning: The appellate record was due by June 26, 2007, but the reporter’s record was not filed, nor was a motion for an extension submitted.
Supplemental Record Preparationsubscribe to see similar legal issues
Application: The trial court must prepare findings and a supplemental clerk’s record, including a transcription of the hearing, to be filed with the appellate court within a specified timeframe.
Reasoning: The trial court must transcribe the hearing, prepare findings of fact and conclusions of law, and develop a supplemental clerk’s record with these documents.
Trial Court’s Duty on Remandsubscribe to see similar legal issues
Application: The trial court is mandated to conduct a hearing to investigate the reasons for delay and determine a timeline for completion of the reporter’s record, with the authority to appoint an alternate reporter if necessary.
Reasoning: The trial court is directed to conduct a hearing to investigate: (1) the reasons for the delay in filing the reporter’s record, (2) a reasonable timeline for its completion without further delaying the appeal, and (3) the possibility of appointing an alternate reporter to expedite the record.