Opinion
NUMBER 13-16-00048-CR
06-16-2017
On Appeal from the 347th District Court of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Longoria and Hinojosa
Order Per Curiam
This cause is before the Court on the State's unopposed motion to abate and remand. The State requests that this Court abate the appeal and remand the case to the trial court to correct inaccuracies in the reporter's record. Specifically, testimony relevant to the trial court's decision to admit evidence of an extraneous offense was omitted from the fifth volume of the record and one witness's testimony in the same volume was incorrectly attributed to a different person than actually testified.
Texas Rule of Appellate Procedure 34.6(e)(3) provides that if a dispute arises after the reporter's record has been filed in the appellate court, the Court may submit the dispute to the trial court for resolution. See TEX. R. APP. P. 34.6 (e)(3). If the trial court finds any inaccuracy, it shall order the court reporter to conform the reporter's record, including any text and exhibits, to what occurred in the trial court, and to file certified corrections in this Court. See Tex. R. App. P. 34.6(e)(2).
Accordingly, we GRANT the State's motion for abatement and remand to correct the reporter's record. This appeal is ABATED and the cause REMANDED to the trial court. Upon remand, the judge of the trial court shall immediately cause notice to be given and conduct a hearing to settle the dispute regarding the inaccuracy the reporter's record. If the court finds any inaccuracy, it shall order the court reporter to conform the reporter's record, including any text and exhibits, to what occurred in the trial court, and to file certified corrections in this Court. See Tex. R. App. P. 34.6(e)(2).
The trial court shall prepare and file its findings and orders and cause them to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order. Should the trial court require more time to comply with the directions of this Court, it shall request an extension prior to the expiration of this deadline.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 16th day of June, 2017.