Opinion
No. 10-06-00292-CR
Opinion delivered and filed August 1, 2007. DO NOT PUBLISH.
Appeal from the 278th District Court Walker County, Texas, Trial Court No. 23113.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
ABATEMENT ORDER
The record in this appeal, both the reporter's record and the clerk's record, is incomplete because it is missing copies of State's exhibits 1-5. These exhibits included appellant's written stipulations which would contain his confession of guilt to the elements of the offense. Without the stipulations, it would appear that there is no evidence in the record to support his conviction; and the plea of guilty, alone, would be inadequate. Accordingly, we abate the appeal to the trial court to make a determination, after notice and hearing, of whether the exhibits have been lost, and if lost whether they can be replaced with accurate duplicates. TEX. R. APP. P. 34.5(a)(2), (d), (e) and 34.6(e), (f). If the exhibits cannot be found or replaced, new appellate counsel must be appointed to brief the arguable issue of the effect on the appeal of the lost exhibits. If new appellate counsel is appointed, the trial court must inform counsel that appellant's brief is due to be filed with this Court within 30 days from the date of the appointment. A hearing must be held and an order rendered within 30 days from the date of this Order. Supplemental clerk's and reporter's records are due within 45 days from the date of this order.