Opinion
04-23-00468-CR
09-25-2023
Ricky Lee REYES, Appellant v. The STATE of Texas, Appellee
From the 229th Judicial District Court, Jim Hogg County, Texas Trial Court No. 21-CRJ-76 Honorable Baldemar Garza, Judge Presiding
ORDER
Patricia O. Alvarez, Justice
On August 29, 2023, Appellant filed a motion for this court to order the trial court clerk to produce missing items or declare them lost or destroyed. The motion included an affidavit avowing 1) that Appellant does not possess copies of the requested items and 2) that neither the trial court clerk nor the State responded to his requests for the items.
A deputy clerk of this court inquired with the trial court as to a possible supplement. The trial court clerk confirmed that a supplement would be filed. However, no supplement was provided. The deputy clerk of this court inquired again and was told that the requested supplement could not be provided.
With no agreement between the parties as to Appellant's requested items, we now abate this appeal and order the trial court to determine what constitutes an accurate copy of 1) the court's charge on the punishment and 2) the jury's punishment verdict. The trial court is ordered to submit the documents to the trial court clerk within twenty days of the date of this order. See Tex. R. App. P. 34.5(e). We further order the trial court clerk to file a supplemental clerk's record with this court within ten days of receiving the document from the trial court.
All other appellate deadlines are suspended pending further order of this court.