Opinion
14-23-00307-CR
11-02-2023
DWAINE ALLEN DAVIS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 482nd District Court Harris County, Texas Trial Court Cause No. 1729496
Panel Consists of Chief Justice Christopher and Justices Bourliot and Hassan.
ABATEMENT ORDER
PER CURIAM.
The reporter's record was filed on August 21, 2023. Appellant has filed a motion requesting abatement of the appeal for correction of the record.
Texas Rule of Appellate Procedure 34.6 allows correction of inaccuracies in the reporter's record. Tex.R.App.P. 34.6. The parties may agree to correct an inaccuracy or, if the parties cannot agree, the trial court must, after notice and hearing, settle the dispute and order the court reporter to correct the record. Tex.R.App.P. 34.6(e)(1), (2). If the dispute arises after the record has been filed in the appellate court, we may submit the dispute to the trial court for resolution. Tex.R.App.P. 34.6(e)(3).
Accordingly, we order the judge of the 482nd District Court to (1) immediately conduct a hearing at which the court reporter(s), appellant, appellant's counsel, and state's OR appellee's counsel shall participate, either in person or by video teleconference, to determine whether the reporter's record contains any inaccuracy. The judge shall see that a record of the hearing is made.
If the trial judge finds that the reporter's record is accurate, the judge shall make findings of fact, and order the trial clerk to forward a transcribed record of the hearing, a videotape or compact disc, if any, containing a recording of the video teleconference, and a supplemental clerk's record containing the findings. Those records shall be filed with the clerk of this court within thirty days of the date of this order.
If the trial judge finds any inaccuracy in the reporter's record, the judge shall order the court reporter to conform the reporter's record to what occurred in the trial court and to file certified corrections with the clerk of this court within thirty days of the date of this order.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's findings and recommendations or certified corrections of the reporter's record are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing in compliance with this Court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.