NO. 07-09-0262-CR 

IN THE COURT OF APPEALS 

FOR THE SEVENTH DISTRICT OF TEXAS 

AT AMARILLO 

PANEL B 

JANUARY 7, 2010 

______________________________ 

BRET ALAN AVERY, APPELLANT 

V. 

THE STATE OF TEXAS, APPELLEE 

_________________________________ 

FROM THE 251ST DISTRICT COURT OF RANDALL COUNTY; 

NO. 19996-C; HONORABLE ANA ESTEVEZ, JUDGE 

_______________________________ 

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

ON ABATEMENT AND REMAND

 Appellant, Bret Alan Avery, appeals from his conviction for possession of a 

controlled substance in a drug-free zone and sentence, pronounced on July 23, 2009, of 

17 years incarceration in the Texas Department of Criminal Justice, Institutional 

Division. Appellant filed notice of appeal on August 3, 2009. 

 The clerk’s record was filed on September 24, 2009. The reporter’s record was 

due on October 26, 2009. The reporter neither filed the record nor requested an 

extension of time to file the record by that date. On November 13, 2009, the reporter 
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requested an extension of time to file the record and indicated that the record was being 

edited at that time. The Court granted this extension request, making the reporter’s 

record due on December 7, 2009. On December 8, 2009, the reporter again filed a 

request for extension of time to file the record indicating that she was having a difficult 

time editing the record “due to the sound I am proofing with as well as the way the 

attorneys presented their cases.” The Court granted this extension request, making 

the reporter’s record due on December 28, 2009. On December 29, 2009, the reporter 

filed a third request for extension of time to file the record indicating only that “I am 

completing this record. Please give me 30 more days.” According to the reporter’s 

monthly report, this record is “being proofread.” There is no explanation provided as to 

why the reporter needs 30 days to proofread the record in this case. As such, we deny 

the reporter’s third request for extension of time to file the reporter’s record as not being 

supported by good cause. 

 Accordingly, we abate this appeal and remand the cause to the trial court for 

further proceedings. See TEX. R. APP. P. 35.3(c). Upon remand, the trial court shall 

immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to 

determine whether the reporter’s caseload is such that an alternate or substitute 

reporter should or can be appointed to complete the record in this appeal in a timely 

manner. If so, the trial court is directed to take whatever steps are necessary to ensure 

that the reporter’s record in this appeal is filed as soon as practicable. 

 The trial court shall cause the hearing to be transcribed. In addition, the trial 

court shall (1) execute findings of fact and conclusions of law addressing the foregoing 
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0. 

issues, (2) cause a supplemental clerk’s record to be developed containing its findings 

of fact and conclusions of law and any orders it may issue relating to this matter, and (3) 

cause a reporter’s record to be developed transcribing the evidence and arguments 

presented at the aforementioned hearing, if any. The trial court shall then file the 

supplemental clerk’s record and any reporter’s record transcribing the hearing with the 

Clerk of this Court on or before February 8, 2010. Should further time be needed by 

the trial court to perform these tasks, same must be requested before February 8, 201

 It is so ordered. 

 Per Curiam 

Do not publish.