Unreported / Non-Citable
Background
Fujun Zhu appealed convictions for continuous trafficking of persons, compelling prostitution, and aggravated promotion of prostitution. The appeal originated in the Second Court of Appeals and was transferred to the Seventh Court of Appeals as part of the Texas Supreme Court’s docket-equalization efforts.
The reporter’s record was originally due July 30, 2026. After granting the court reporter two extensions because of her caseload, the court warned that failure to file the record by September 30 could result in abatement and remand without further notice. The reporter neither filed the record nor communicated further with the court.
The Court’s Holding
The court abated the appeal and remanded the case to the trial court for proceedings aimed at completing the reporter’s record. It directed the trial court to determine what work remained, how much time was reasonably necessary, and whether the reporter could finish within that period.
If the trial court determines that the reporter needs more than 30 days to complete, certify, and file the record, it must arrange for a substitute reporter. The trial court must enter necessary orders and ensure that its findings are included in a supplemental clerk’s record filed with the appellate court by November 20, 2026. If the reporter files the record before the trial court acts and promptly gives written notice, no further trial-court action is required.
Key Takeaways
- The appeal was paused because the reporter’s record remained unfiled after two extensions and a warning from the appellate court.
- The trial court must investigate the remaining work and set a reasonable timetable for completing the record.
- A substitute reporter must be arranged if completion will require more than 30 days.
Why It Matters
The order illustrates the steps a Texas appellate court may take to prevent an overdue appellate record from causing further delay or impairing the parties’ rights. It does not resolve the merits of Zhu’s convictions; it addresses only completion of the record needed for the appeal to proceed.