Robert Xavier Rodriguez a/k/a Roberto Rodriguez Jr. v. The State of Texas — Order

NUMBER 13-25-00588-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
ROBERT XAVIER RODRIGUEZ
A/K/A ROBERTO RODRIGUEZ JR., 	Appellant,
v.
THE STATE OF TEXAS, 	Appellee.
ON APPEAL FROM THE 398TH DISTRICT COURT
OF HIDALGO COUNTY, TEXAS
SUPPLEMENTAL ORDER OF ABATEMENT
Before Justices Silva, Peña, and West
Order Per Curiam
This appeal is before the Court upon its own motion and upon appellant’s third
amended notice of incomplete record. On June 18, 2026, we abated the appeal and
remanded the case for the trial court to determine both whether any party had been
harmed and what, if any, orders are necessary to ensure the timely filing of the reporter’s
record. On August 12, 2026, the trial court determined the official court reporter, Akilah

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Welborn, had failed to comply with its orders and was in contempt. However, the trial
court forwent the sentencing in order for her “to cure the deficit as set forth by the
Thirteenth Court of Appeals.” On August 25, 2026, Akilah Welborn submitted three
volumes, plus on exhibit volume, of the reporter’s record.
On September 8, 2026, appellant filed a second amended notice of incomplete
record. On September 10, 2026, the court reporter filed a response. On September 21,
2026, court reporter, Shana Lively, submitted a second supplemental reporter’s record
containing a hearing held on October 15, 2026. And on September 24, 2026, appellant
filed a third amended notice of incomplete record.
Upon 	review 	of 	the 	reporter’s 	record 	in 	this 	case, 	Akilah 	Welborn’s
correspondence, and appellant’s various notices of incomplete record, it appears the
following proceedings may have been omitted from the reporter’s record:
1. 	Pretrial hearings on February 21, 2018, February 21, 2019, March 4, 2020,
May 23, 2022, December 11, 2023, January 28, 2025, June 2, 2025, and
August 20, 2025,
2. 	Pretrial hearing and jury selection on August 25, 2025,
3. 	Sentencing hearing on October 20, 2025, and,
4. 	Motion to Reconsider Sentence and Certification of Right to Appeal on
November 24, 2025.
It is unclear to this Court whether these hearings ever took place and if they are
relevant to the appeal. And, if so, what court reporter is responsible for transcribing the
hearing(s). Appellant is responsible for requesting, in writing, that the official court reporter

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prepare the reporter’s record, and the request must designate which portions of the
proceedings are to be included. See TEX . R. A PP . P. 34.6(b)(1). Furthermore, any party
may request, by letter, that the official court reporter supplement any relevant portion
which was omitted from the reporter’s record. It is unclear to us whether appellant has
properly made such designation and/or request; to the extent necessary, we construe
appellant’s various notices of incomplete reporter’s record as a request for the court
reporter to prepare and submit these supplemental reporter’s records.
Accordingly, and to effectuate our responsibility to avoid further delay and to
preserve the parties’ rights, we continue the abatement of the appeal, and now
additionally instruct the trial court to determine the status of any omitted items within
twenty days. See id. R. 35.3(b), (c). Specifically, the trial court shall determine:
1. 	Whether the hearings identified above occurred and are relevant to the appeal.
2. 	Whether any relevant hearings have been omitted from the reporter’s record.
3. 	Which court reporter is responsible for the preparation of any omitted portions
of the reporter’s record.
4. 	Whether any identified court reporter has been notified of existing obligations
to provide a portion of the reporter’s record in this case.
5. 	Whether any party has been harmed by the continued delay in the reporter’s
record.
Additionally, the trial court shall, by any means necessary, ensure all remaining portions
of the reporter’s record are submitted to this Court as a supplemental reporter’s record
within forty days of this Order. The trial court shall also determine if court reporter Akilah

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Welborn is responsible for any omitted portions of the reporter’s record and whether it
should resume contempt proceedings. Finally, the trial court shall issue any other orders
necessary to ensure the proper and timely pursuit of appellant’s appeal.
The trial court shall cause its findings and recommendations, together with any
orders it enters regarding the aforementioned issues, to be included in a supplemental
clerk’s record. The trial court shall also cause the supplemental reporter’s record of any
proceedings 	to 	be 	prepared. The 	supplemental 	clerk’s 	record 	and 	supplemental
reporter’s record, if any, shall be filed with the Clerk of the Court within thirty days of the
date of this order.
PER CURIAM
Do not publish.
TEX . R. A PP . P. 47.2(b).
Delivered and filed on the
16th day of October, 2026.