In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-17-00180-CR 

No. 07-17-00181-CR 

No. 07-17-00182-CR 

No. 07-17-00183-CR 

RANDY STEVEN CASTILLO, APPELLANT 

 

V. 

 

THE STATE OF TEXAS, APPELLEE 

 

On Appeal from the 251st District Court 

Randall County, Texas 

Trial Court No. 25,722-C, Counts I - IV; Honorable Bradley S. Underwood, Presiding 

 

July 31, 2017 

 

ORDER OF ABATEMENT AND REMAND 

 

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. 

Appellant Randy Steven Castillo was convicted of two counts of sexual assault of 

a child1and two counts of aggravated sexual assault of a child.2 He was sentenced to 

ten years imprisonment for each count of sexual assault and fifteen years imprisonment 

 

1 TEX. PENAL CODE ANN. § 22.011(a)(2) (West 2011).

2

TEX. PENAL CODE ANN. § 22.021(a)(1)(B) (West Supp. 2016).
2

for each count of aggravated sexual assault, with the sentences to run concurrently. 

Appellant’s retained counsel filed a notice of appeal from the trial court’s judgments.

The clerk’s record and reporter’s record were due on June 27, 2017, but were not

filed. On June 26, the reporter notified the Court that appellant had not requested 

preparation or made acceptable payment arrangements for the reporter’s record. See

TEX. R. APP. P. 35.3(b)(2), (3). By letter that day, we directed appellant to request 

preparation and make acceptable payment arrangements for the reporter’s record by

July 7. Failure to do so, we advised, could result in the appeals being abated and the 

causes remanded to the trial court for further proceedings. See TEX. R. APP. P.

37.3(a)(2). We granted the clerk and reporter an extension of time to file the appellate

record to July 27. On July 7, appellant’s counsel notified the Court that he had filed a 

motion for the appellate record to be furnished without charge in the trial court on May 

30, but the motion had only recently been forwarded to the trial court. To date, the trial 

court has not ruled on appellant’s motion and appellant has not made payment 

arrangements for the clerk’s record or reporter’s record.

Accordingly, we abate the appeals and remand the causes to the trial court for 

further proceedings. See TEX. R. APP. P. 37.3(a)(2). On remand, the trial court shall 

utilize whatever means it finds necessary to determine the following:

(1) whether appellant desires to prosecute the appeals;

(2) if appellant desires to prosecute the appeals, whether appellant is 

indigent;

(3) whether appellant is entitled to have the clerk’s record and reporter’s 

record furnished without charge;
3

(4) if appellant is not entitled to have the clerk’s record and reporter’s record 

furnished without charge, the date appellant will make acceptable 

payment arrangements for the appellate record; and

(5) what orders, if any, should be entered to assure the filing of appropriate 

documentation to dismiss appellant’s appeals if appellant does not desire 

to prosecute the appeals, or, if appellant desires to prosecute the appeals, 

to assure that the appellate record will be filed promptly and that the 

appeals will be diligently pursued.

We further direct the trial court to issue findings of fact and conclusions of law 

addressing the foregoing subjects. Additionally, the trial court shall cause to be 

developed 1) a clerk’s record containing the findings of fact and conclusions of law, and 

2) a reporter’s record transcribing the evidence and argument presented at any hearing 

held. The trial court shall cause the supplemental record, if any, to be filed with the 

clerk of this Court on or before August 30, 2017. Should additional time be needed to 

perform these tasks, the trial court may request same on or before that date.

It is so ordered.

Per Curiam

Do not publish.