Opinion
13-22-00111-CR
05-18-2023
ANTONIO ALVARENGA, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 464th District Court of Hidalgo County, Texas.
Before Chief Justice Contreras and Justices Silva and Peña
ORDER OF ABATEMENT
PER CURIAM
Before the Court is appellant's pro se "Motion for the Rest of the Records." On February 17, 2023, the trial court was ordered to ensure that appellant has the opportunity to fully examine the clerk's record and reporter's record. On March 2, 2023, this Court received a supplemental clerk's record containing proof of delivery of the reporter's record to the appellant. Now, appellant identifies two sections of the exhibit volume of the reporter's record which he did not receive, specifically pages 2 and 41 through 117 from State's Exhibit Number 3.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See Tex. R. App. P. 35.3(b), (c). Accordingly, this appeal is abated and the cause remanded to the trial court. The trial court shall cause a hearing to be held to determine if the reporter's record, specifically any exhibits, or any other part thereof, is missing, lost, or destroyed. Furthermore, the trial court is instructed to make findings under Texas Rule of Appellate Procedure 34.6(f), if necessary. See Tex. R. App. P. 34.6(f). Otherwise, the trial court shall determine what steps are necessary to ensure the prompt preparation of a reporter's record and shall enter any orders required to avoid further delay and to preserve the parties' rights.
The trial court shall cause its findings, together with any orders it may enter, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings, along with any newly located exhibits to be prepared. The supplemental clerk's record and supplemental reporter's record shall be both filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order. It is further ordered that the trial court notify this Court as to the date upon which the supplemental clerk's record and supplemental reporter's record, along with any missing exhibits located, if any, were made available to appellant. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014).