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Lozano v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Aug 10, 2017
NUMBER 13-15-00513-CR (Tex. App. Aug. 10, 2017)

Opinion

NUMBER 13-15-00513-CR

08-10-2017

KEVIN LOZANO A/K/A KEVIN LOZAWO, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the 357th District Court of Cameron County, Texas.

ORDER OF ABATEMENT

Before Chief Justice Valdez and Justices Longoria and Hinojosa
Order Per Curiam

This cause is currently before the Court on appellant's motion to abate and remand to the trial court for an official translation of part of the record from Spanish to English. The motion indicates the official interpreter did not interpret a word from Spanish into English. The State has not filed a response to the motion.

Article 38.30 of the Code of Criminal Procedure provides that "[w]hen a motion for appointment of an interpreter is filed by any party or on motion of the court, in any criminal proceeding, it is determined that a person charged or a witness does not understand and speak the English language, an interpreter must be sworn to interpret for the person charged or the witness." TEX. CODE CRIM. PROC. ANN. art. 38.30(a) (West, Westlaw through Ch. 49, 2017 R.S.). Here, the witness testifying utilized a Spanish word which was not translated for the record. Appellant's counsel states the discourse between the parties is material because it relates to the relationship between the parties.

In order to ensure an accurate record for purposes of appellate review, we GRANT appellant's motion and ABATE and REMAND the cause to the trial court for the appointment of a certified Spanish-English translator for the limited purpose of translating into English the portion of the reporter's record at volume 3, page 56, lines 5-9, and to file the translator's affidavit or unsworn declaration certifying the translator's qualifications and that the translation is accurate. See TEX. R. EVID. 1009(a).

The trial court clerk is directed to file a supplemental clerk's record containing the order of appointment and the certified translation and translator's affidavit/unsworn declaration with this Court within thirty days from the date of this order. This appeal will be reinstated upon receipt of the supplemental clerk's record and upon further order of this Court.

IT IS SO ORDERED.

PER CURIAM Delivered and filed the 10th day of August, 2017.


Summaries of

Lozano v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Aug 10, 2017
NUMBER 13-15-00513-CR (Tex. App. Aug. 10, 2017)
Case details for

Lozano v. State

Case Details

Full title:KEVIN LOZANO A/K/A KEVIN LOZAWO, Appellant, v. THE STATE OF TEXAS…

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Aug 10, 2017

Citations

NUMBER 13-15-00513-CR (Tex. App. Aug. 10, 2017)