Opinion
NO. 14-15-00727-CR
06-23-2016
CRAIG ANTHONY DOREMUS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 7 Harris County, Texas
Trial Court Cause No. 1985578
ABATEMENT ORDER
The reporter's record was filed on February 22, 2016. Appellant has filed a motion requesting abatement of the appeal for correction and supplementation of the record.
Texas Rule of Appellate Procedure 34.6 allows correction of inaccuracies in the reporter's record. Tex. R. App. P. 34.6. The parties may agree to correct an inaccuracy or, if the parties cannot agree, the trial court can hold a hearing and make a determination regarding the alleged inaccuracy and order the court reporter to correct the record. Tex. R. App. P. 34.6(e)(1)-(2). If a dispute arises regarding the accuracy of the reporter's record after the record has been filed in the appellate court, the appellate court may submit the dispute to the trial court for resolution. Tex. R. App. P. 34.6(e)(3). Accordingly, we grant appellant's motion and enter the following order.
Pursuant to Texas Rule of Appellate Procedure 34.6, the judge of the County Criminal Court at Law No. 7 shall (1) immediately conduct a hearing at which the court reporter, appellant, appellant's counsel, and state's counsel shall participate, either in person or by video teleconference, to determine (a) whether the reporter's record contains inaccuracies; (b) if so, what corrections need to be made to conform the record to what occurred in the trial court. If the trial judge finds that the reporter's record is accurate, the judge shall see that a record of the hearing is made, shall make findings of fact, and shall order the trial clerk to forward a transcribed record of the hearing, a videotape or compact disc, if any, containing a recording of the video teleconference, and a supplemental clerk's record containing the findings. Those records shall be filed on or before July 21, 2016.
If, however, the trial court finds an inaccuracy in the reporter's record, the judge shall order the court reporter to conform the reporter's record to what occurred in the trial court and to certify and file a corrected reporter's record with the clerk of this court on or before July 21, 2016.
In addition, pursuant to Texas Rule of Procedure 34.6(f), the trial court shall conduct a hearing to determine the following: (1) whether appellant timely requested a reporter's record of the pretrial hearing in Impact Court; (2) whether without the appellant's fault, significant portions of the record have been lost or destroyed; (3) whether the lost portions of the record are necessary to appellant's appeal; and (4) if the trial court can determine that the missing portions of the reporter's record can be replaced by agreement. The court is directed to reduce its findings to writing and to have a supplemental clerk's record containing those findings filed with the clerk of this court, together with a reporter's record from the hearing on or before July 21, 2016.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's findings and recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing in compliance with this court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.
It is so ORDERED.
PER CURIAM Panel consists of Chief Justice Frost and Justices McCally and Brown.