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Rodriguez v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Jun 2, 2017
NUMBER 13-16-00396-CR (Tex. App. Jun. 2, 2017)

Opinion

NUMBER 13-16-00396-CR

06-02-2017

JESUS RODRIGUEZ, Appellant, v. THE STATE OF TEXAS, Appellee.


On Appeal from the 450th District Court of Travis County, Texas.

ORDER OF ABATEMENT

Before Justices Contreras, Benavides, and Longoria
Order Per Curiam

This cause is before the Court on the State's unopposed motion for abatement and remand to correct reporter's record. The State requests that this Court abate the appeal and remand the case to the trial court to correct inaccuracies in the mp4 file that purports to be a copy of State's Exhibit 3. State's Exhibit 3 contains at least fourteen video files however, the mp4 file which purports to be a copy of State's Exhibit 3 contains only a single video. The mp4 file submitted to this Court appears to contain the same video that is in State's Exhibit 8.

This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2015 R.S.).

Texas Rule of Appellate Procedure 34.6(e)(3) provides that if a dispute arises after the reporter's record has been filed in the appellate court, the Court may submit the dispute to the trial court for resolution. See TEX. R. APP. P. 34.6 (e)(3). If the trial court finds any inaccuracy, it shall order the court reporter to conform the reporter's record, including any text and exhibits, to what occurred in the trial court, and to file certified corrections in this Court. See Tex. R. App. P. 34.6(e)(2).

Accordingly, we GRANT the State's motion for abatement and remand to correct the reporter's record. 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 settle the dispute regarding the inaccuracy of State's Exhibit 3. If the court finds any inaccuracy, it shall order the court reporter to conform the reporter's record, including any text and exhibits, to what occurred in the trial court, and to file certified corrections in this Court. See Tex. R. App. P. 34.6(e)(2).

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. Should the trial court require more time to comply with the directions of this Court, it shall request an extension prior to the expiration of this deadline.

PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b) Delivered and filed the 2nd day of June, 2017.


Summaries of

Rodriguez v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Jun 2, 2017
NUMBER 13-16-00396-CR (Tex. App. Jun. 2, 2017)
Case details for

Rodriguez v. State

Case Details

Full title:JESUS RODRIGUEZ, Appellant, v. THE STATE OF TEXAS, Appellee.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Jun 2, 2017

Citations

NUMBER 13-16-00396-CR (Tex. App. Jun. 2, 2017)