Hill v. State

Full title: KENNETH WADE HILL, Appellant, v. THE STATE OF TEXAS, Appellee.

Court: COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Mar 31, 2017

NUMBER 13-16-00560-CR (Tex. App. Mar. 31, 2017)

Opinion

NUMBER 13-16-00560-CR

03-31-2017

KENNETH WADE HILL, Appellant, v. THE STATE OF TEXAS, Appellee.

Per Curiam

On Appeal from the 2nd 25th District Court of Gonzales County, Texas.

ORDER ABATING APPEAL

Before Justices Contreras, Benavides, and Longoria
Order Per Curiam

This cause is before the Court on appellant's motion to abate the appeal for record supplementation. The clerk's record in this cause was filed on November 10, 2016. Appellant advises this Court that the record is missing a penitentiary packet that was entered in evidence and the district clerk's office has been unable to locate it. Appellant's counsel is unable to prepare the brief until such time as the clerk's record is complete.

This situation requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See TEX. R. APP. P. 37.3(a)(1). This appeal is ABATED and the cause REMANDED to the trial court.

Upon remand, the judge of the trial court shall immediately cause notice to be given and conduct a hearing to determine if the clerk's record, or any part thereof, has been lost or destroyed, and shall make appropriate findings under Tex. R. App. P. 34.5(e), if necessary. Otherwise, the court shall determine what steps are necessary to ensure the prompt preparation of a complete clerk's record, and shall enter any orders required to avoid further delay and to preserve the parties' rights. If a filing designated for inclusion in the clerk's record has been lost or destroyed and the parties cannot agree, by written stipulation, for a copy of that item to be included in a supplemental record, the trial court shall determine what constitutes an accurate copy of the missing item and order it to be included in the clerk's record or a supplement.

The trial court shall prepare and file its findings and orders and cause them to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.

IT IS SO ORDERED.

PER CURIAM Delivered and filed the 31st day of March, 2017.