Opinion
No. 13-04-392-CR
Memorandum Opinion Delivered and Filed July 20, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 398th District Court of Hidalgo County, Texas
Before Chief Justice VALDEZ and Justices RODRIGUEZ and GARZA.
MEMORANDUM OPINION
Appellant, CARLOS CADRIEL, perfected an appeal from a judgment entered by the 398th District Court of Hidalgo County, Texas. On March 10, 2006, this Court granted the parties' joint motion to abate the appeal. The appeal was abated and the case was remanded to the trial court to make findings on these issues: 1) if, without the appellant's fault, a significant portion of the court reporter's notes and records have been lost or destroyed or — if the proceedings were electronically recorded a significant portion of the recording has been lost or destroyed or is inaudible; 2) if the lost, destroyed, or inaudible portion of the reporter's record is necessary to the appeal's resolution; and 3) if the lost, destroyed, or inaudible portion of the reporter's record cannot be replaced by agreement of the parties. The trial court's findings and recommendations were received and filed in this Court on May 8, 2006. The trial court found that based upon the inability of the court reporter to produce a complete record in this case and the inability of the parties to agree upon the absent proceedings, a new trial should be granted in this matter. The Court, having examined and fully considered the documents on file and the trial court's findings and recommendations, is of the opinion that this matter should be remanded for a new trial. The judgment of the trial court is REVERSED, and the cause is REMANDED for a new trial.