Opinion
08-23-00116-CR
02-07-2024
JERY-JACOB JAMES CORONA, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 81st District Court of Atascosa County, Texas (TC# 22-01-0002-CRA)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
Appellant has filed three motions which are now before this Court. All three motions request access to pre-trial hearing records that Appellant asserts are necessary to prepare a pro se response to the Anders brief filed by his appointed appellate attorney. The Court has reviewed the clerk's record and the reporter's records in this case and is unable to determine what hearings or records-if any-are missing from the appellate record. Therefore, the Court concludes that an evidentiary hearing is necessary and orders, on its own motion, that this cause is ABATED and REMANDED to the trial court.
The trial court is ORDERED to hold an evidentiary hearing and to make findings and conclusions about what pre-trial hearings took place in this cause, including the date and purpose of any hearing, and whether the hearing was transcribed. The trial court is directed to hold the hearing and forward its findings to the District Clerk by March 7, 2024. Should the trial court determine that any pre-trial hearing transcripts are missing from the appellate record, the court reporter is directed to certify and file the missing portions with this Court by March 17, 2024.
The District Clerk is ordered to prepare a supplemental clerk's record containing the trial court's findings and file the same with this Court by March 17, 2024. The evidentiary hearing shall be transcribed, and the court reporter shall certify and file a supplemental reporter's record containing the same by March 17, 2024. Appellant's motions will remain pending, and the appellate deadlines are suspended during the abatement. This cause shall be reinstated upon receipt of the supplemental clerk's record and supplemental reporter's records.
IT IS SO ORDERED this 7th day of January 2024.