Opinion
13-23-00189-CR
07-13-2023
JOSE YTUARTE, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 399th District Court of Bexar County, Texas.
Before Contreras, Chief Justice and Benavides and Longoria, Justices.
ORDER OF ABATEMENT
PER CURIAM
This appeal is before the Court upon appellant's motion to compel court reporter to file a complete record and motion to abate and postpone appellate brief deadline. Upon review of the transcript, appellant's counsel identified some hearings which may have been omitted from the court reporter's transcript, namely a pre-trial hearing on defendant's motion to exclude witnesses that occurred on or about February 14, 2023.
Texas Rule of Appellate Procedure 34.6(d) provides that if anything relevant was omitted from the reporter's record, the trial court may direct the official court reporter to prepare, certify, and file the supplemental reporter's record containing the omitted item. See Tex. R. App. Pro. 34.6(d).
Therefore, appellant's motion to abate is granted, and appellant's motion to compel court reporter to file a complete record is carried with the case. Accordingly, 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 (1) whether it held a pre-trial hearing on or about February 14, 2023; (2) whether the transcript of any pre-trial hearing was omitted from the reporter's record; and (3) whether any other necessary portions of the reporter's record were omitted from the reporter's record. See Tex. R. App. Pro. 34.6(d). If the trial court finds that any relevant items were omitted, it shall issue any orders necessary to complete the appellate record in a timely fashion.
The trial court shall cause its findings and recommendations, together with any orders it may enter, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court within thirty days from the date of this order.