Opinion
NUMBER 13-16-00432-CR
03-06-2017
JESUS TREJO TREJO, Appellant, v. THE STATE OF TEXAS, Appellee.
On Appeal from the 275th District Court of Hidalgo County, Texas.
ORDER ABATING APPEAL
Before Justices Rodriguez, Contreras, and Longoria
Order Per Curiam
This cause is currently before the Court on appellant Jesus Trejo Trejo's "Unopposed Motion to Abate Appeal and Remand for Hearing on Inaccuracies and Incomplete Record and Opposed Motion to Complete the Hearing on the Motion for New Trial."
The Court, having examined and fully considered the motion, is of the opinion that it should be GRANTED in part and DENIED in part as stated herein. The motion is GRANTED with regard to appellant's requests regarding the record. 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 Texas Rule of Appellate Procedure 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 supplemental record. If the clerk's record is determined to be complete, the trial court shall notify this Court as to the date upon which the entire appellate record was made available to appellant. 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. The motion is DENIED in all other respects.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 6th day of March, 2017.