Opinion
No. 05-17-00026-CR
08-18-2017
WARREN TYRONE CALHOUN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court Dallas County, Texas
Trial Court Cause No. F16-54594-N
ORDER
Before the Court is the State's August 17, 2017 motion to abate this appeal. In the motion, the State notes that State's exhibits 1 through 117 have not been filed in the reporter's record. The State requests we abate this appeal for a hearing to determine whether the exhibits exist or have been lost or destroyed. The State notes that appellant is challenging, in part, the sufficiency of the evidence and contends the exhibits are necessary to address this issue.
We GRANT the State's motion. We ORDER the trial court to make findings of fact regarding the following:
• Whether appellant timely requested a reporter's record;
• Whether, without appellant's fault, the State's Exhibits 1-117 have been lost or destroyed;
• If the State's Exhibits 1-117 are lost or destroyed, whether they are necessary to the appeal's resolution; and
• If the State's Exhibits 1-117 are lost or destroyed, whether the lost or destroyed exhibits can be replaced by agreement of the parties or be replaced by copies determined by the trial court to accurately duplicate with reasonable certainty the original exhibits.
We ORDER the trial court to transmit a record containing its written findings of fact, any orders, and any supporting documentation to this Court within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Hector Garza, Presiding Judge, 195th Judicial District Court; Yolanda Atkins, deputy official court reporter, 195th Judicial District Court; and to counsel for all parties.
We ABATE this appeal to allow the trial court to comply with this order. The appeal shall be reinstated in thirty days or when we receive the supplemental record containing its findings of fact, whichever occurs first.
/s/ LANA MYERS
JUSTICE