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Ghanbari v. State

Court of Appeals Fifth District of Texas at Dallas
Feb 28, 2018
No. 05-17-00257-CR (Tex. App. Feb. 28, 2018)

Opinion

No. 05-17-00257-CR

02-28-2018

ALI L. GHANBARI, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 199th Judicial District Court Collin County, Texas
Trial Court Cause No. 199-81974-2013

ORDER

We REINSTATE this appeal.

The reporter's record was filed October 30, 2017. On December 18, 2017, appellant filed a motion to abate in which he claimed he was entitled to a new trial because a significant portion of volume 8 of the reporter's record, which included expert-witness testimony, had been lost or destroyed. Appellant cited the court reporter's note on volume 8 which said, "Due to an equipment failure, the very beginning portion of this day's proceedings was irretrievably lost, consisting of the continued examination of RACHEL BURCH and the point where the State rests, and then picks up while the Court is speaking to the jury prior to the morning recess."

In light of this, we ordered the trial court to conduct a hearing to determine (1) whether appellant timely requested a reporter's record; (2) if, without appellant's fault, a significant portion of the court reporter's notes, records, or recording had been lost or destroyed; (3) if the lost or destroyed portion of the reporter's record was necessary to the appeal's resolution; and (4) if the lost or destroyed portion of the reporter's record could be replaced by agreement of the parties. See TEX. R. APP. P. 34.6(f).

We have the supplemental reporter's record and supplemental clerk's record from that hearing. We ADOPT the trial court's findings that: (1) appellant timely requested a reporter's record in this case; (2) the parties agree that a portion of the record amounting to 18 minutes is lost and appellant is not at fault for the loss; and (3) the parties cannot agree to a replacement of the lost portion of the record.

We ORDER appellant to file his brief within THIRTY DAYS of the date of this order. In addition to any other issues appellant raises, the brief should address whether the missing portion of the record is necessary to the resolution of the appeal. See TEX. R. APP. P. 34.6(f)(3).

We DIRECT the Clerk to send copies of this order to counsel for all parties.

/s/ CRAIG STODDART

JUSTICE


Summaries of

Ghanbari v. State

Court of Appeals Fifth District of Texas at Dallas
Feb 28, 2018
No. 05-17-00257-CR (Tex. App. Feb. 28, 2018)
Case details for

Ghanbari v. State

Case Details

Full title:ALI L. GHANBARI, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 28, 2018

Citations

No. 05-17-00257-CR (Tex. App. Feb. 28, 2018)