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Blakeway v. State

Court of Appeals of Texas, Eighth District, El Paso
Jan 29, 2024
No. 08-23-00277-CR (Tex. App. Jan. 29, 2024)

Opinion

08-23-00280-CR

01-29-2024

BRADFORD VERNON BLAKEWAY, Appellant, v. THE STATE OF TEXAS, State.


Appeal from the 394th District Court of Jeff Davis County, Texas (TC# CR2300921).

Before Alley, C.J., Palafox and Soto, JJ.

ORDER

PER CURIAM

Before the Court is Appellant's motion to abate the appeal. In the motion, Appellant asserts that portions of the reporter's record. This Court cannot determine whether the reporter's record in this appeal is incomplete and concludes an evidentiary hearing is necessary. Therefore, we GRANT Appellant's motion to supplement and correct the record. See Tex. R. App. P. 34.6(d). (pertaining to the supplementation of the reporter's record "if anything relevant is omitted"); Id. 34.5(d) (pertaining to inaccuracies in the clerk's record).

It is therefore ORDERED that this case is abated and remanded to the trial court for further proceedings. The trial court is directed to hold an evidentiary hearing to determine whether the reporter's record is inaccurate or incomplete. The trial court shall conduct the hearing and prepare findings and conclusions. Should the trial court find that the reporter's record is inaccurate, the trial court is instructed to correct the inaccuracies, proceeding under Texas Rule of Appellate Procedure 34.6. See Tex. R. App. P. 34.6(d) (providing the procedure for supplementing the reporters record).

The court reporter is directed to make the necessary corrections, if any, in accordance with the trial court's findings and file a corrected copy of the reporter's record with this Court on or before February 18, 2024. Additionally, the trial court clerk shall prepare and forward a supplemental clerk's record containing the findings from the evidentiary hearing and forward the same to this Court on or before February 28, 2024. Further, the transcript of the hearing shall be prepared, certified, and filed with this Court on or before February 28, 2024. This appeal will be reinstated upon the date the complete supplemental reporter's record is filed with this Court.

IT IS SO ORDERED.


Summaries of

Blakeway v. State

Court of Appeals of Texas, Eighth District, El Paso
Jan 29, 2024
No. 08-23-00277-CR (Tex. App. Jan. 29, 2024)
Case details for

Blakeway v. State

Case Details

Full title:BRADFORD VERNON BLAKEWAY, Appellant, v. THE STATE OF TEXAS, State.

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Jan 29, 2024

Citations

No. 08-23-00277-CR (Tex. App. Jan. 29, 2024)