Opinion
01-24-00526-CR 01-24-00527-CR
12-17-2024
Victor Hugo Prado v. The State of Texas
208th District Court of Harris County Trial court case number: 1855792 and 1855793
ORDER OF ABATEMENT
RICHARD HIGHTOWER, JUDGE
On November 21, 2024, one volume of reporter's record was filed. On November 27, 2024, eight more volumes of reporter's records were filed, but no volume 5 was included. On December 2, 2024, eight supplemental volumes of reporter's record were filed, but no volume 5 was included. On December 4, 2024, eight corrected volumes of reporter's record were filed and again, no volume 5 was included.
On December 9, appellant filed a motion to correct the reporter's record, stating that volumes 5 and 6 of the reporter's record appeared to be incomplete. On December 10, 2024, appellant filed another motion to correct the reporter's record, attaching an email from court reporter Charyna Lashley admitting that she had left out a full day of testimony and would need an additional two weeks to complete the volume and file it. Appellant asked that we order the court reporter to file a complete record and to suspend the briefing schedule until the record is complete. We grant the motion and issue this order.
Appellant's brief is not due until the complete record is filed. See Tex. R. App. P. 38.6(a). Thus, appellant's brief will not be due until 30 days after the court reporter files a complete corrected reporter's record in this case.
The Court is unable to locate any volume 5 in the various sets of reporter's records filed and is unaware why the court reporter has filed three versions of the other volumes and whether any of those volumes is correct.
Based on the foregoing, the Court abates the appeal and remands to the trial court to hold a hearing at which a court reporter or court recorder, appellant's counsel, and counsel for the State shall participate to determine the following:
(1) whether volumes 5 and 6 require addition or correction;
(2) if any of the additional volumes filed will be correct after completion of the corrections to volumes 5 and 6;
(3) whether corrections to volumes 5-6 will necessitate correction of other volumes of the reporter's record, including the master index and exhibit index;
(4) whether the several iterations of the reporter's record currently on file in the Court of Appeals should be stricken, corrected, and refiled;
(5) a date certain by which the court reporter shall file any corrected volumes'
(6) any additional findings and orders to ensure that the entire, correct reporter's record is filed.See Tex. R. App. P. 34.6(f).
The trial court shall have a court reporter, or court recorder, record the hearing. The trial court clerk is directed to file a supplemental clerk's record containing the trial court's findings, recommendations, and orders with this Court within 25 days of the date of this order. The court reporter is directed to file the transcript of the hearing within 25 days of the date of this order.
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 records that comply with our order are filed with the Clerk of 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. If the court reporter files the record prior to the date set for the hearing, the appeal will be reinstated and the trial court need not hold a hearing. The court coordinator of the trial court shall set a hearing date and notify the parties.
It is so ORDERED.