Opinion
05-22-01079-CR
02-09-2024
DOMINIQUE KEVONTE CARTER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F20-76742
ORDER
DENNISE GARCIA JUSTICE
We REINSTATE this appeal.
We abated this appeal on December 21, 2023, for the trial court to make findings concerning whether State's exhibit 80 in the reporter's record is the same exhibit admitted at trial and whether any jury notes are omitted from the record.
The trial court found that State's exhibit 80 in the reporter's record appears to be the same exhibit admitted at trial.
The trial court found the record does not include a note from the jury indicating it was hung. The trial court also found:
1. the note either been lost or destroyed;
2. based on the trial court's issuance of an Allen charge as reflected in the record, presumably the substance of the note reflected that the jury could not reach a verdict;
3. the precise content of the note is unknown; and
4. there is no copy of the note in existence that the parties can agree or disagree on under rule 34.5(e).
We accept the trial court's findings.
The State's brief is due MARCH 11, 2024.