Opinion
CAUSE NO. 12-14-00004-CR
08-29-2014
TREAVER ALLRED, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 217TH DISTRICT COURT IN AND FOR ANGELINA COUNTY, TEXAS
ORDER
On July 22, 2014, this cause was remanded to the trial court for a hearing on the status of the portion of the reporter's record for which Regina Grant is the responsible reporter. See TEX. R. APP. P. 35.3(c). The trial court was directed to determine whether this portion of the record has been lost or destroyed and make findings in accordance with Texas Rule of Appellate Procedure 34.6(f). We have received a supplemental reporter's record of the hearing and a supplemental clerk's record containing the trial court's findings and conclusion.
We have reviewed the supplemental records and have determined from the trial court's findings and conclusion that the following circumstances exist:
(1) The appellant timely requested a reporter's record;
(2) The court reporter's notes and records of the sentencing hearing have been lost or destroyed through no fault of Appellant;
(3) The lost or destroyed portion of the record is necessary to the appeal's resolution; and
(4) The lost or destroyed portion of the record cannot be replaced by agreement of the parties, and no copy exists. Accordingly,
Upon review of the record from the hearing held on August 19, 2014, this Court hereby adopts the findings of fact and conclusions of law entered by the trial court. It is hereby ORDERED that the Honorable Barry R. Bryan, Judge of the 217th District Court of Angelina County, Texas, shall immediately conduct a new sentencing hearing.
It is further ORDERED that the reporter's transcription of this hearing and the supplemental clerk's record, including any orders or judgments, be filed with the clerk of this Court on or before September 29, 2014.
WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12th Court of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF OFFICE at my office this 29th day of August 2014, A.D.
Respectfully yours,
CATHY S. LUSK, CLERK
By: /s/_________
Katrina McClenny, Chief Deputy Clerk