Opinion
10-21-00223-CR
03-29-2022
CHARLES CRADDOCK, Appellant v. THE STATE OF TEXAS, Appellee
From the 85th District Court Brazos County, Texas Trial Court No. 20-01367-CRF-85
Before Chief Justice Gray, Justice Johnson, and Justice Smith.
ABATEMENT ORDER
PER CURIAM.
The development of this appeal has been substantially delayed by the Court's inability to view a video exhibit. Appellant introduced into evidence a video recording, Motion for New Trial Defense Exhibit 1 (four videos), in a proprietary format that is not viewable using industry standard, readily available software.
Notwithstanding orders by the Court and attempts to provide the Court with a viewable exhibit by the parties, the reporter, and this Court's Clerk and staff, the Court has been unable to view this exhibit on the Court's computer system.
The Court has also obtained the assistance of the Office of Court Administration (OCA) as the intellectual technology service provider for the appellate courts. In that capacity, OCA controls the software that can be loaded onto this Court's computer system to use to view this, or any other type, of exhibit.
It is the joint responsibility of this Court and the trial court to ensure the timely filing of the record on appeal. Tex.R.App.P. 35.3(c). The parties and the Court Clerk have endeavored to comply with prior related orders of this Court. See Craddock v. State, 10-21-00224-CR (Tex. App.-Waco, March 1, 2022, order); Craddock v. State, 10-21-00224-CR (Tex. App.-Waco, December 15, 2021, order); Craddock v. State, 10-21-00224-CR (Tex. App.-Waco, November 12, 2021, order). This Court has exhausted its ideas and resources as to how to convert the exhibit to a viewable form.
Accordingly this appeal is ABATED to the trial court to determine, within 21 days from the date of this ORDER, whether there is a manner in which the video exhibit, Motion for New Trial Defense Exhibit 1 (four videos), can be made a part of the appellate record, in a format that distinguishes what was offered and that which was admitted into evidence, and can be viewed by this Court for purposes of the appeal. The viewable video ultimately provided to the Court must be certified by the court reporter as the exhibit introduced as part of the official record for this appeal.
If the trial court determines the exhibit cannot be made a part of the record as required, the trial court shall make written findings of fact and conclusions of law, including whether the exhibit must be considered "lost or destroyed" for the purposes of Texas Rule of Appellate Procedure 34.6 due to the inability of this Court to view the exhibit as part of the record of this appeal.
The trial court clerk is ORDERED to prepare and file a supplemental clerk's record containing the written findings and orders of the trial court, if any, in this Court within 35 days from the date of this Order.
Further, the trial court's official reporter is ORDERED to prepare and file with the Clerk of this Court a record of any hearing held regarding this abatement order within 14 days from the date of the hearing, if any.
Appeal abated.