Opinion
No. 13-04-270-CR
Memorandum Opinion Delivered and Filed March 3, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On appeal from the 370th District Court of Hidalgo County, Texas.
Before Justices HINOJOSA, YAÑEZ, and GARZA.
MEMORANDUM OPINION
Appellant, JUAN VILLARREAL, perfected an appeal from a judgment entered by the 370th District Court of Hidalgo County, Texas, in cause number CR-0875-96-G. On December 9, 2004, this cause was abated, and the trial court was directed to conduct a hearing to determine the status of the appellate record. The trial court's findings and recommendations were received on January 14, 2005. The trial court found that the entire reporter's record pertaining to this trial has been destroyed; that the destroyed portion of the reporter's record is necessary to the resolution of appellant's appeal; that the destroyed portion of the reporter's record cannot be replaced by agreement of the parties; and, based on TEX. R. APP. P. 34.6(f), appellant is entitled to a new trial under the facts of this case. The Court, having considered the documents on file and the trial court's findings and recommendations, is of the opinion that this matter should be reversed and remanded to the trial court for a new trial. The judgment of the trial court is REVERSED and the cause is REMANDED to the trial court for a new trial.