Opinion
NUMBER 13-19-00624-CR
11-03-2020
JOE R. RIOS, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 156th District Court of Bee County, Texas.
ORDER OF ABATEMENT
Before Justices Benavides, Hinojosa, and Tijerina
Order Per Curiam
This appeal is before the Court on appellant's motions to suspend briefing deadline and to extend time to file a brief. Counsel for appellant asserts the reporter's record has an omission concerning voir dire and indicates he contacted the court reporter regarding the omission and was informed the previous counsel did not request such record.
Texas Rule of Appellate Procedure 34.6(d) provides that if anything relevant is omitted the record may be supplemented. Further, Texas Rules of Appellate Procedure 34.6(e)(1)(3) provides that disputes, if any, over the reporter's record are to be resolved by the trial court.
Therefore, this appeal is ABATED and the cause REMANDED to the trial court. Upon remand, the judge of the trial court shall immediately cause notice to be given and conduct a hearing to determine (1) whether anything was omitted from the reporter's record, and if so, whether the parties can agree that the omission is relevant to the appeal; and (2) to settle the dispute if inaccuracies exist in the reporter's record and the parties cannot agree on whether or how to correct any of them. See Id. 34.6(e). Otherwise, the trial court shall determine what steps are necessary to ensure the prompt preparation of a complete reporter's record and shall enter any orders required to avoid further delay and to preserve the parties' rights.
The trial court shall prepare and file its findings and orders and cause them to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.
Furthermore, Appellant's motion to suspend briefing timeline is GRANTED, and appellant's motion to extend the briefing deadline is DISMISSED AS MOOT.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 3rd day of November, 2020.