Opinion
13-23-00283-CR
03-28-2024
HECTOR BARAJAS, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
ON APPEAL FROM THE 430TH DISTRICT COURT OF HIDALGO COUNTY, TEXAS SUPPLEMENTAL ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Longoria and Peña
ORDER
PER CURIAM
This appeal is before the Court on its own motion. On March 7, 2024, we abated this appeal and remanded the cause for the trial court to determine what, if any, steps were necessary to ensure the prompt preparation of a reporter's record. On March 21, 2024, a partial reporter's record was filed in this appeal. On March 22, 2024, after inquiry by the Clerk's office about State's Exhibit 10, the court reporter, Velma A. Arellano, indicated she did not have access to any missing exhibit or a DVD, as she is no longer employed with Hidalgo County.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See Tex. R. App. P. 35.3(b), (c). Accordingly, the abatement in this appeal is continued. The trial court shall cause a hearing to be held to determine if the reporter's record, specifically any exhibits, or any other part thereof, is missing, lost, or destroyed. Furthermore, the court is instructed to make findings under Texas Rule of Appellate Procedure 34.6(f), if necessary. See Tex. R. App. P. 34.6(f). Otherwise, the court shall determine what other orders are necessary to ensure the prompt preparation of the remaining portion of the reporter's record and shall enter any orders required to avoid further delay and to preserve the parties' rights.
The trial court shall cause its findings, 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 shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.