NO. 07-00-0399 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L C MARC H 27, 2001

______________________________ SAMUEL DEAN JONES,

Appellant
v. THE STATE OF TEXAS , Appellee

_________________________________ FROM THE 242 ND DISTRICT COURT OF HALE COUNTY; NO. B13669-0003; HON. EDW ARD L. SELF, PRESIDING

_______________________________ ABATEMENT AND REMAND

_______________________________ Before QUINN and REAV IS and JOHN SON, JJ. Sam uel Dean Jones, appellant, appeals his conviction for possessing a controlled substance. Appellant filed a motion for new trial which was overruled by o pe ra ti on of la w. Both his notice of appeal and the clerk’s rec or d were tim ely filed with this Court. On October 10, 2000, we received a request for extension tofile the reporter’s record from the official court reporter of the 242 nd Dis tric t C our t of Hal e County. The request was granted ,2

and the deadline was extended to January 29, 2001. O n January 17, 2001, w e received
a le tt er fr om th e co ur t r ep or te r r eg ar di ng hi s up co min g su rg er y. Howe ver, th e reporter assured us that either he w ould file the record or request another ext ension. J anuary

29 th passed without the record or a request for ex tension being filed. On M ar ch 2, 20 01 , we advised the court reporter that therecord had not b een filed and d irected him to tell us (w ithin ten days) why it was outst anding. On March 14, 2 001, the court reporter filed another request for

an extens ion. Therein, he assured us that the docum ent would be filed
on March 19, 2001. On March 19 th no record was received nor did we rece ive another request for an ex

tension. W e, therefore, abate the appe al and remand t he cause to the 242 nd District C ourt of H ale C oun ty. The j udg e of said cou rt isordered to convene a hearing (after notice to appellant and the State) to determ ine the following matters: 1. if ap pella nt h as a ban don ed h is ap pea l; 2. if appellant has not a ban don ed h is appeal whe ther theattorne y of record
con tinu es to re pre sen t ap pella nt a nd w ill dilig ent ly pu rsu e th is ap pea l; 3. whet her a reporter’s record can be transcribed and filed as part of the appellate record; 4. whether the court reporter transcribing the rep ort er’ s re cor d inv olve d in t his appeal is capable of com pleting the record and, if so,when it w ill be
com pleted; and, 5. whether

an alternate reporter should be deputized and assigned the task of
com pleting the record in a timely m anner.3

The trial court shall enter any and all o rde rs n ece ssa ry to as sur e th e tim ely
com pletion of t he r

epo rte r’srec ord invo lved in t his a ppe al. So to o shall it prep are and file its findi ngs a nd or ders and cause them to be included in a supplemental clerk’s record. In addition, th e trial court shall cause a transcription of the hearing to be prepared and included in the suppl emental reporter’s record. Both thesupplemental clerk’s record and reporter’s record m ust be subm itted to the clerk of this court no later than April 26, 2001. Sh ould additional tim e be nee ded to com ply w ith this ord er, the district c ourt ma y request
sam e on or before April 26, 2001. It is so Ordered.

Pe r C ur i am Do not publish.