Fernando E. Hernandez v. State of Texas - Criminal Appeal Abated

Texas Court of Appeals

Filed March 17th, 2026

Detected March 19th, 2026

Summary

The Texas Court of Appeals, 7th District, has abated the criminal appeal of Fernando E. Hernandez v. State of Texas (Docket No. 07-25-00392-CR). The appeal was abated and remanded to the trial court to determine the appellant's intent to prosecute, indigency, and reasons for failing to arrange payment for the reporter's record.

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What changed

The Texas Court of Appeals, 7th District, has issued an order abating the appeal in Fernando E. Hernandez v. State of Texas, Docket No. 07-25-00392-CR. The appeal, concerning a conviction for speeding, was abated because the appellant failed to timely request and arrange payment for the reporter's record, a necessary component for the appeal. The court has remanded the case to the trial court to investigate the appellant's continued desire to appeal, his financial status, and the reasons for the delay in preparing the record.

This action requires the trial court to make specific findings regarding the appellant's indigency and his intent to proceed with the appeal, and to determine when payment arrangements for the reporter's record will be made if the appellant is not indigent. This procedural step is crucial for the appeal to continue and highlights the importance of adhering to appellate court rules regarding record preparation and payment deadlines for defendants pursuing appeals.

What to do next

Trial court to determine appellant's intent to prosecute appeal.
Trial court to determine appellant's indigency status.
Trial court to determine reasons for failure to arrange payment for reporter's record and establish payment timeline if applicable.

Source document (simplified)

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March 17, 2026 Get Citation Alerts Download PDF Add Note

Fernando E. Hernandez v. the State of Texas

Texas Court of Appeals, 7th District (Amarillo)

Citations: None known
Docket Number: 07-25-00392-CR
Nature of Suit: Miscellaneous/Other Criminal including Misdemeanor or Felony
Disposition: Abated
Opinion
Authorities (0)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Disposition

Abated

Lead Opinion

In The
Court of Appeals
Seventh District of Texas at Amarillo

No. 07-25-00392-CR

FERNANDO E. HERNANDEZ, APPELLANT

THE STATE OF TEXAS, APPELLEE

On Appeal from the County Court at Law No. 2
Potter County, Texas
Trial Court No. CCCR-25-288-2, Honorable Matthew H. Hand, Presiding

March 17, 2026
ORDER OF ABATEMENT AND REMAND
Before PARKER, C.J., and DOSS and YARBROUGH, JJ.

Appellant, Fernando E. Hernandez, appeals from the trial court’s Order on

Jurisdiction and Remand, which dismissed his appeal from the Amarillo Municipal Court’s

judgment convicting him of speeding and assessing a fine. The appellate record was due

February 11, 2026. The clerk’s record was filed by this deadline. However, the reporter’s

record was not timely filed because Appellant did not request preparation or make

payment arrangements for the record. See TEX. R. APP. P. 35.3(b)(2), (3). By letter of

February 10, 2026, we directed Appellant to request preparation of the record and make
any necessary payment arrangements by February 20, 2026, or we would remand the

cause to the trial court for further proceedings. See TEX. R. APP. P. 37.3(a)(2). The

reporter has since notified the Court that Appellant has not requested preparation or paid

for the reporter’s record to date.

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

determine the following:

whether Appellant still desires to prosecute the appeal;

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whether Appellant is indigent;
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why Appellant has not timely requested preparation of the reporter’s record;

whether Appellant is entitled to have the reporter’s record furnished without

charge pursuant to Rule of Appellate Procedure 20.2; and

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if Appellant is not entitled to have the reporter’s record furnished without
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charge, the date Appellant will make acceptable payment arrangements for
the reporter’s record.