Opinion
05-24-00008-CR
02-26-2024
KATY ELIZABETH KABHA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. 071657
ORDER
ERIN A. NOWELL, JUSTICE
Before this Court is appellant's February 22, 2024 motion to "Amend the Record." Appellant claims the reporter's record filed in this Court-is inaccurate. Accordingly, we GRANT appellant's motion and ABATE this appeal.
We ORDER the trial court to hold a hearing to determine the accuracy of the reporter's record with respect to 1) a statement made by Assistant District Attorney Britton Brooks appellant claims should be-but is not-included in volume 2, page 13 of the reporter's record of "I saw a photo of the bite and it looks so bad that she never needs to be let out of jail;" and 2) a statement made by the trial court that appellant claims should be-but is not-included in volume 2, pages 5-6 of the reporter's record of "he was sure that this injury was not a bite [but] based on the photo provided, it's still considered an assault." See Tex. R. App. P. 34.6(e)(3).
The court is ordered to conduct this hearing within THIRTY days of the date of this order. If the court determines the record is inaccurate, the court is ordered to make a written finding to that effect, to sign a written order reflecting this finding, and to order the court reporter to (1) prepare a corrected record which "conform[s] to what occurred in the trial court" and (2) file it with the Clerk of this Court. See Tex. R. App. P. 34.6(e)(2). If the court determines that the record is accurate, the court is ordered to make a written finding to that effect.
We DIRECT the Clerk to send copies of this order to the Honorable Larry Phillips, presiding judge of the 59th Judicial District Court, Grayson County; Gale Fiasco, official court reporter for the 59th Judicial District Court, Grayson County; counsel for the State of Texas; and appellant at 712 S. Park Ln., Altus, OK 73521.
This appeal is ABATED for the trial court to comply with this order. The appeal will be reinstated when a corrected record is filed, the trial court files its findings and any written orders pursuant to this order, or at such other time as the Court deems proper.