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Green v. State

State of Texas in the Fourteenth Court of Appeals
Jan 29, 2013
NO. 14-12-00601-CR (Tex. App. Jan. 29, 2013)

Opinion

NO. 14-12-00601-CR

01-29-2013

ANTHONY DEWAYNE GREEN, Appellant v. THE STATE OF TEXAS, Appellee


Motion Granted in Part and Abatement Order filed January 29, 2013.

On Appeal from the 78th District Court

Wichita County, Texas

Trial Court Cause No. 49,480-B


ABATEMENT ORDER

The reporter's record in this case was filed October 23, 2012. See Tex. R. App. P. 35.1. On January 22, 2013, appellant's counsel filed a third request for an extension of time to file appellant's brief. In the motion, counsel asserts that page 36 of volume 7 of the reporter's record is missing. The reporter's record filed in this court is also missing page 36 of Volume 7. (Page 35 is out of order; it is filed between pages 37 and 38.)

In addition, State's Exhibit 41 is a DVD containing a video of appellant's statement. According to appellant's motion, the video shown to the jury was approximately 52 minutes long, and the copy given to appellant is only 3 minutes. The video filed in this court is also only 3 minutes long, indicates that it is "Part001", and seems to end abruptly. Accordingly, it appears that the exhibit is incomplete.

When there is a question about the accuracy of the reporter's record that arises after the record has been filed in this court, we may submit the question to the trial court for resolution. See Tex. R. App. P. 34.6(e)(3). If the parties cannot agree how to correct the record, then the court must settle the dispute. See Tex. R. App. P. 34.6(e)(2). If the court finds any inaccuracy, it must order the court reporter to conform the reporter's record, including the video exhibit containing appellant's statement, to what occurred in the trial court, and to certify and file the correction(s) in the appellate court.

Accordingly, we GRANT in part appellant's request for additional time to file his brief, and we ABATE the appeal for a period of thirty days so that the questions concerning the accuracy of the reporter's record may be resolved. Any correction(s) to the record shall be filed in this court on or before February 28, 2013. Any findings made by the trial court shall be included in a supplemental clerk's record and filed in this court on or before February 28, 2013.

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 corrected record and/or the trial court's findings 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.

PER CURIAM


Summaries of

Green v. State

State of Texas in the Fourteenth Court of Appeals
Jan 29, 2013
NO. 14-12-00601-CR (Tex. App. Jan. 29, 2013)
Case details for

Green v. State

Case Details

Full title:ANTHONY DEWAYNE GREEN, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jan 29, 2013

Citations

NO. 14-12-00601-CR (Tex. App. Jan. 29, 2013)