Opinion
No. 08-12-00167-CR
10-22-2014
FABIAN DOUGLAS CASTANEDA, Appellant, v. THE STATE OF TEXAS, Appellee.
Appeal from the 83 rd District Court of Pecos County, Texas (TC# P-2377-83-CR) ORDER
On October 16, 2014, this Court determined that the reporter's records from the above-captioned trial were incomplete, since they failed to include trial testimony from the afternoon of May 3 (the guilt-innocence phase) and the entirety of May 4 (the punishment phase). We ordered the 83rd District Court of Pecos County to conduct a hearing to determine (1) whether the court reporter's notes were lost or destroyed; (2) if the records were lost or destroyed, whether those records were necessary to the appeal and could be replaced by agreement of the parties; and (3) whether appointed counsel had access to the complete reporter's record before filing an Anders brief ("the October 16 Order").
On October 21, 2014, court reporter Patricia Phelps e-mailed the Court regarding the October 16 Order and attached plaintext (.txt) copies of the missing reporter's records to her email. Based on this communication, the Court has concluded that the missing reporter's records exist and that a hearing on the issue of whether the court reporter's notes have been destroyed is no longer needed. As such, we vacate the portion of the October 16 Order pertaining to whether the reporter's records exist. The Court also orders Patricia Phelps to e-file the missing portions of the reporter's records pursuant to the Texas Rules of Appellate Procedure within 10 days from the date of this order.
The Court has determined that a hearing on the issue of whether appointed counsel had access to the complete reporter's record before filing an Anders brief is still necessary. As such, the portion of the October 16 Order pertaining to that issue remains in effect. Patricia Phelps should appear at the trial court hearing to provide testimony on relevant issues, including whether her impending supplementation of the reporter's records has resulted in a complete record in the appellate court.
IT IS SO ORDERED this 22nd day of October, 2014.
PER CURIAM