Roberson v. State

Full title: ALEXANDER ROBERSON, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Dec 5, 2014

No. 05-13-01416-CR (Tex. App. Dec. 5, 2014)

Opinion

No. 05-13-01416-CR

12-05-2014

ALEXANDER ROBERSON, Appellant v. THE STATE OF TEXAS, Appellee

LANA MYERS JUSTICE

On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F12-58374-H

ORDER

Before the Court is appellant's December 2, 2014 motion to abate the appeal and to remand the case to the trial court to complete the reporter's record. In his motion, appellant states that most evidentiary objections and rulings during appellant's trial occurred in conferences at the bench in order to prevent the jury from hearing about an earlier mistrial in the case. Appellant further states that trial counsel requested that the court reporter record the bench conferences. The reporter's record, however, does not include a transcription of the bench conferences. Appellant requests an abatement so that the trial court might determine whether the appellate record can be supplemented with a record of the bench conferences.

We GRANT appellant's motion.

We ORDER the trial court to make findings of fact regarding whether the record on appeal can be supplemented with a record of the bench conferences conducted during appellant's trial. If the trial court determines that the record can be supplemented with the bench conferences, the trial court shall determine the name and address of the court reporter who will prepare the supplemental reporter's record and determine the earliest date by which the reporter's record can be filed.

We ORDER the trial court to transmit to this Court a supplemental clerk's record, containing the written findings of fact, any recommendations, any supporting documentation, and any orders within THIRTY DAYS of the date of this order.

We further note that the appellate record in this case does not contain a certification from the trial court showing appellant's right to appeal. See TEX. R. APP. P. 25.2(d). We ORDER the trial court to prepare and file a certification of the right to appeal to include within the supplemental clerk's record.

This appeal is ABATED to allow the trial court to comply with this order. The appeal shall be reinstated thirty days from the date of this order or when the supplemental record is received, whichever is earlier.

/s/ LANA MYERS

JUSTICE