NO. 07-00-0404 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L A JULY 13, 2001

______________________________ CHRISTOPHER WILL IAMS, APP ELLANT

V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 24 2ND DISTRI CT COURT OF HALE COUNT Y; NO. B13457-9906; H ONORAB LE ED S ELF, JUDGE

_______________________________ Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
ABA TEMENT AND REMA ND AppellantCh ri st op he r W i l l i ams was convicted of delivery of a controlled substance, and on August 16, 2000, sentence w as impose d at twoyears confinem ent in a state j ail facil ity. Appellant timely perfected his appeal and the clerk’s record was filed on Decem ber 18, 2000. The reporter’s record w as due to be filed on Janu ary 15, 2001. By2

letter dated January 17, 2001, J erry K. Br atc her , C ert ified Sh ort han d Re por ter , notifie d th is Court of his retirement an d certain me dical conditions necessitating his req uest for additional time in which to prepare the reporter’s record. Then, by letter d ate d A pril 10, 2001, Mr. Bratcher provid ed this C ourt with a statusrep ort of p end ing a ppe als a nd h is intentto have the record in this appeal filed prior to a surgical procedure scheduled for June 18, 20 01. To date, however, the reporter’s record has not been filed and no reasonable explanation for the delay nor any estimate asto when this Court may expect to receive the reporter’s record has been presented. The trial court and an appellate court are jointly respons ible for en suring that an appellate record is filed. Tex. R. App. P. 35.3(c). Among other duties, the trial court must “he lp ensure that th e reporte r’s w ork is timely accom plished bysetting work p riorities,” and may appoint a de puty reporter when the official court reporte r is u n able to perform the duties. Tex. R. App. P. 1 3.3 and 13. 5. Thus, b ec au se Mr. Bra tc he r i s no w re ti re d, we abate this ap peal and remand the cause to the 242 nd District Court of Hale County for further pro ceedings. Upon rem and , th e trial cour t sh all imm ediately cause notice of a hearing to be given and, thereafter, conduct a hearing to determ ine: (1) whether due to poor health or

oth er r eas ons , Je rry

K. Br atc her is u nab le to prepare and file the reporter’s record w ithin 30 da ys fr om the date of hearing; or3

(2) w hether c ircum stance s require t he trial cour tto direct the present

court reporter to p repare the recor d from the no tes and material s of Jerr y K. Bratc her, or (3) whether th e trial court should appoint a deputyreporter to prepare and file the reporter’s record within 30 days f rom t he date of hearing; and (4) final ly, the tria l court sh all ma ke suc h ordersas in its d iscretion a re appropriate to facilitate the prompt filing of a reporter’s record no later than 30 days fromthe date of the abate ment hearing. The trial court shall cause the hearing to be transcribed and shall execute findings of fact, conclusions of

la w, and suc h ordersas the court m ay enter regarding the aforem entioned issues and cause its findings and conclusions to be include d in a suppl emental clerk’s r ecord. A supplem ental reporter’s record of the hearing shall also be included i n th e appellate record. Final ly, the trial court shall file the supplemental clerk’s record and the supplemental reporter’s record w ith the Clerk of this Court within 30 days from the date of this order

. Per Curiam Do not publish.