Opinion
13-24-00016-CR
03-14-2024
MARISSA MONICA CANO, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 290th District Court of Bexar County, Texas.
Before Contreras Chief Justice and Longoria and Peña Justices.
ORDER OF ABATEMENT
PER CURIAM
This appeal is before the Court on appellant's motions to supplement the clerk's record and reporter's record. This appeal is from a judgment in trial court cause number 2023CR4292A; appellant now requests the clerk's record and reporter's records from a related trial court cause number, 2019-CR-10930C, be included in the appellate record for this appeal. Upon review of the record before the Court, it is unclear whether the requested records are related and/or necessary for this appeal.
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. P. 34.6(d). Furthermore, Texas Rule of Appellate Procedure 34.5(c) provides that the appellate court may direct the trial court clerk to prepare, certify, and file a supplemental record containing any relevant item omitted from the clerk's record. See id. R. 34.5(c).
Accordingly, appellant's motions to supplement the clerk's record and to supplement the reporter's record are carried with the case, this appeal is abated, and the cause remanded to the trial court. Upon remand, the trial court shall immediately cause notice to be given and conduct a hearing to determine whether any necessary items were omitted from the clerk's record or the reporter's record.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. If any relevant items were omitted from the appellate record, the trial court shall issue any orders necessary to complete the appellate record in a timely fashion. 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 within thirty days from the date of this order.