John Lyn Brown v. the State of Texas

Summary

The Seventh District Court of Appeals of Texas abates John Lyn Brown’s appeal from a judgment adjudicating him guilty of evading arrest in a motor vehicle and remands the matter to the trial court. The trial court must investigate the overdue reporter’s record, determine the time needed for completion, and file a supplemental clerk’s record containing its findings by January 7, 2026, unless the reporter files the record earlier.

Holdings

1. When the appellate record is not timely filed, the appellate court may abate the appeal and remand the cause for appropriate trial-court proceedings to determine the reason for the delay, the work remaining, and the time reasonably necessary to complete the record.
2. The trial court was required to determine what tasks remained to complete the reporter's record, why those tasks had not been completed, the reasonable time needed to complete them, and whether the reporter could complete them within that time; if more than thirty days were required, the trial court had to arrange for a substitute reporter.

Questions Presented

1. What action should the appellate court take when the reporter's record has not been timely filed and the reporter has not communicated regarding the delay?
2. What findings and remedial actions must the trial court undertake to facilitate completion and filing of the reporter's record?

Disposition

remanded