Jorge Ordonez v. State of Texas

Summary

The Seventh Court of Appeals of Texas at Amarillo affirmed the judgment adjudicating Jorge Ordonez guilty of possession of less than one gram of methamphetamine and sentencing him to eighteen months’ incarceration and a $1,500 fine. The court held that Ordonez failed to establish prejudice from the district clerk’s approximately five-and-a-half-year delay in forwarding his notice of appeal, and therefore did not demonstrate a due process violation.

Holdings

1. A substantial delay in processing an appeal may violate due process, but appellant failed to establish a due-process violation because he did not show prejudice resulting from the delay.
2. The court declined to remand the case to the trial court to develop a record concerning prejudice from the appellate delay.

Questions Presented

1. Whether the district clerk's approximately five-and-a-half-year delay in forwarding appellant's timely filed notice of appeal violated appellant's due-process rights.
2. Whether appellant was entitled to an opportunity to develop a record concerning prejudice from the appellate delay.
3. What elements appellant had to establish to prove a due-process violation based on appellate delay.
4. Whether the case should be remanded to the trial court to take evidence concerning prejudice from the appellate delay.

Disposition

affirmed