Opinion
05-22-00108-CR
04-19-2023
JEREMY TODD BORDELON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-80732-2020
Before Justices Molberg, Pedersen, III, and Miskel
ORDER
EMILY MISKEL JUSTICE
In this appeal, the parties note a discrepancy in the trial court's pronouncement of its guilty verdict. The reporter's record states that the trial court found appellant Jeremy Todd Bordelon "guilty of potentially or knowingly possessing of child pornography." (Emphasis added). Bordelon argues that this pronouncement reflects an error of substance by the trial court that renders the evidence insufficient to support his conviction. The State argues that the discrepancy is merely a scrivener's error.
If a dispute over the accuracy of the reporter's record arises after the reporter's record has been filed in the appellate court, that court may submit the dispute to the trial court for resolution. Tex.R.App.P. 34.6(e)(3). The trial court must-after notice and hearing-settle the dispute as to whether or how to correct the reporter's record so that the text accurately discloses what occurred in the trial court. Id. R. 34.6(e)(2). If the court finds any inaccuracy, it must order the court reporter to conform the reporter's record to what occurred in the trial court, and to file certified corrections in the appellate court. Id.
Accordingly, on our own motion, we ABATE this case and remove it from the Court's active docket until further order of this Court. We ORDER the trial court to hold the necessary hearing, to render an order resolving the parties' dispute, and to file the order with this Court within THIRTY DAYS of the date of this order. If the trial court finds that the reporter's record contains an inaccuracy, we ORDER the court reporter to file certified corrections with this Court within THIRTY DAYS of the date of this order.