Opinion
13-23-00196-CR
01-29-2024
JONATHAN PAUL JONES, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(b).
On appeal from the 144th District Court of Bexar County, Texas.
Before Chief Justice Contreras and Justices Benavides and Tijerina
ORDER TO FILE REPORTER'S RECORD
PER CURIAM
This cause is before the Court on appellant's motion to abate. Appellant identified defense exhibits 4 and 64 as items that were potentially omitted from the reporter's record.
Texas Rule of Appellate Procedure 34.6(d) provides that if anything relevant is 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. Pro. 34.6(d).
Based on the record before us, it appears two exhibits, specifically defense exhibits 4 and 64, may have been omitted from the reporter's record. Therefore, appellant's motion to abate is granted. Accordingly, 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 determine whether any necessary items were omitted from the reporter's record. See id. If any relevant items were omitted, the trial court shall issue any orders necessary to complete the appellate record in a timely fashion.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. 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..