Opinion
13-24-00209-CR
11-25-2024
KARLA MARLEN DELEON, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(b).
On Appeal from the 464th District Court of Hidalgo County, Texas
Before Chief Justice Contreras and Justices Benavides and Silva
ORDER OF ABATEMENT
PER CURIAM.
This cause is before the Court on its own motion. The reporter's record in this matter was originally due to be filed on June 17, 2024. After three extensions, court reporter, Angela Zuniga, was advised the reporter's record was due to be filed by September 25, 2024.
On November 1, 2024, the Clerk of the Court rejected volume 23 and volume 24 of the reporter's record for being non-compliant with the Uniform Court Reporter's Manual. Specifically, for labeled exhibits not matching with the index, exhibits listed on the index but not included in the volume, and exhibits being substantially out of order. Additionally, State's Exhibit 11 has not been properly submitted.
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). To date, the reporter's record remains incomplete and missing volume 23, volume 24, and State's Exhibit 11.
Accordingly, 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: (1) whether the missing items, namely reporter's record volume 23, volume 24, and State's Exhibit 11 are missing, lost, or destroyed; (2) whether the identified items may be properly submitted; and (3) whether any other necessary portions of the reporter's record were omitted from the record. See id. If the trial court finds any relevant items were omitted, it shall issue any orders necessary to complete the appellate record in a timely fashion. Furthermore, the trial court shall cause the proper submission of the remaining portions of the reporter's record.
The trial court shall cause its findings and recommendations, together with any orders it may enter, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a reporter's record of any proceedings to be prepared. The items omitted from the reporter's record, the supplemental clerk's record, and supplemental reporter's record, if any, shall be filed with the Clerk of this Court within thirty days from the date of this order.