Opinion
10-24-00184-CR
12-04-2024
FRANK DILLARD PROCTOR, Appellant v. THE STATE OF TEXAS, Appellee
From the 54th District Court McLennan County, Texas Trial Court No. 2023-717-C2
Before Chief Justice Gray, Justice Johnson, and Justice Smith Brief stricken
ABATEMENT ORDER
PER CURIAM
Appellant has elected to represent himself on appeal.
Appellant's Motion to Abate Appeal was filed on November 19, 2024. In the motion, appellant contends that, according to appellant's knowledge of the events on the videos, video exhibits 2, 3, and 12 are missing "vital footage." He further contends that such missing footage is necessary to the resolution of the appeal. Appellant requests the appeal be abated to give the trial court the opportunity to retrieve the alleged missing footage and determine if it can be found. See TEX. R. APP. P. 34.6(e),(f); Killough v. State, 229 S.W.3d 343, 344 (Tex. App.-Waco 2007, order). The State asserts there is no "missing" footage, and the exhibits admitted during the trial were certified by the court reporter as true and correct. Further, the State asserts appellant has not explained how the alleged missing footage is necessary to the resolution of his appeal.
It appears there is a dispute as to the accuracy or completeness of the reporter's record in this appeal. Accordingly, appellant's motion is granted, and we ABATE this appeal and submit this dispute to the trial court to be resolved after notice to the parties and a hearing. See TEX. R. APP. P. 34.6(e)(3), and (2). The hearing must be held within 30 days from the date of this Order. A supplemental clerk's record containing the trial court's findings and a supplemental reporter's record containing a transcription of the hearing and new exhibits, if any required, must be filed within 21 days from the date of the hearing.
This appeal will be automatically reinstated upon the receipt of the supplemental appellate record.
Order issued and filed December 4, 2024 [RWR]