Opinion
08-23-00176-CR
12-18-2023
ELIJAH COVINGTON, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 384th District Court of El Paso County, Texas (TC# 20210D02752)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM.
Before the Court is Appellant's motion to abate the appeal. In the motion, Appellant states that the El Paso District Clerk and various court reporters have denied Appellant access to the video exhibits admitted into evidence during his trial. This Court cannot determine whether the reporter's record in this appeal is incomplete or whether Appellant has been deprived of a complete record. Therefore, the Court concludes an evidentiary hearing is necessary. We construe Appellant's motion as a motion to supplement the reporter's record under Rule 34.6 of the Texas Rules of Appellate Procedure. Rule 34.6(d) provides for the supplementation of the reporter's record "if anything relevant is omitted[.]" Tex.R.App.P. 34.6(d).
It is therefore ORDERED that this case is abated and remanded to the trial court for further proceedings. The trial court is directed to hold an evidentiary hearing to determine whether the reporter's record in its present form is inaccurate or incomplete. The trial court shall conduct the hearing and prepare findings and conclusions. Should the trial court find that the reporter's record is inaccurate, the trial court is instructed to correct the inaccuracies, proceeding under Texas Rule of Appellate Procedure 34.6. See Tex. R. App. P. 34.6(d) (providing the procedure for supplementing the reporters record).
The court reporter is directed to make the necessary corrections, if any, in accordance with the trial court's findings and file a corrected copy of the reporter's record with this Court on or before January 18, 2024. Additionally, the trial court clerk shall prepare and forward a supplemental clerk's record containing the findings from the evidentiary hearing and forward the same to this Court on or before January 28, 2024. Further, the transcript of the hearing shall be prepared, certified, and filed with this Court on or before January 28, 2024. This appeal will be reinstated upon the date the complete supplemental clerk's record and reporter's record is filed with this Court.
IT IS SO ORDERED.