NO. 07-03-0060 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L C SEPTE MBE R 5, 2003

______________________________ JONATHA N RAY GRIFFIN, SR. , Appellant
v. THE STATEOF TEXAS , Appellee

_________________________________ FROM THE252 ND DISTRICT COURT OF JEFFERSON CO UNTY; NO. TRN 9062308767; HONORA BLE LEO NARD GI BLIN, JUD GE

_______________________________ Before JOHNSON, C.J., and QUINN and REAVIS, JJ. ON ABATEME NT AND REMAND The court reporter for the 252nd J udicial District C ou rt of Jefferson Coun ty has requested a four th extension of the dea dlin e by which the reporte r’s record is to be filed in this cause. The record initially was due on January 17, 2003, and the reporter sought an extension of 12 0 days. We extended t he deadline to May 30, 2003, per the request. Upon our receiving another request for an ex tension, the deadline was p ost pon ed to Ju ly2

29, 2003. Thereafter, the reporter w as given an ot he r e xt ension until August 26, 2003. No w, an additional 60 days is sought, even though weinformed the reporter w hen granting the last extension that n o further postponem ents wou ld be granted. To date, the reporter has had approxim at ely eight mont hs to com plete the reporter’s record, and hasbeen granted approxim ately seven mo nths wort h of exten sions. Furtherm ore, the ju stification posed for

each extension involved the press of business; that is, the reporter represented to this cou rt that

the record com prised of som e 3500 pages and that s he has been in trial on almost a weekly basis since thebeginning of the year. Accordingl y, we now

abate this appeal and reman d the cause to the 252 nd District Court of Jefferson County

(trial court ) for fur

ther proceedings. Upon re m and, th e trial court sha ll imm ediately cause notice of a hearing to be given and, the reafter, condu cta hearing to determ ine the following: 1. whet her the appellant timely requested a reporter’s record, 2. whether t he appellant is indigent and entitled to a free appellate record, 3. if the appellant is not indi gent or entitled to a free appellate record, w het her the app ellant has p aid for therecord o r m ade sat isfactor y arrangement

s with the reporter f

or the paym ent of the reporter’s record, 4. whether any

portion of the court reporter’s notes and records have been lost or destroyed and w hether the delay in transcribing the notes and records has effectively resulted in th e loss or destruction of any portion of the reporter’s notes or records or the repo rter’srecord itself ( see Tex. R. App. P. 34. 6(f)); 5. if any portion of the reporter’s notes or records are lost, whether the loss occurred due to a ny fault of the a ppellant, whether t he lost items are necess aryto the appeal’s resolution, and w hether the parties can agree on a com plete reporter’s record,3

6. the extentto which the appellant has been harm ed and will be harm ed by the delay in preparing and filing of the reporter’s record; 7. the reason or reasons f or the delay in the preparation and fi li ng of the reporter’s record; 8. th e d at e o n wh i ch th e r ep or te r’ s r ec or d r ea so na bl y c an be co mp leted , and, 9. whether t he re po rt er ’s re co rd ca n b e c omp l et ed wi th i n a re as on ab l e t i me without the app ointm ent of a n assoc iate or dep uty rep orter toassist the cou rt reporter. The tria l cou rt s hall cause the hearing to be transcribed. So too shall it 1) execute findings of fact addressing the foregoing issues, 2)cause to be developed a s upplemental clerk’s record containing the findings of fact and all orders it may issue as a result of

its hearing
on this matter, and 3) cause to be developed a reporter’ s record transcrib ing the evi dence and argum ents presented at the aforem entioned hearing. Additiona lly, the dist rict court sha ll then file th e supplem ental reco rd w ith the c lerkof t hiscourt on or before Se ptem ber 30, 2003. Should fu rther time be n eeded by the trial court to performthese tasks, then
sam e m ust be requested before S eptem ber 30, 2003. It is so ordered. Per Curiam
Do not publish.