Opinion
08-23-00330-CR
02-13-2024
AMIEE RODRIGUEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
Appeal from the 175th Judicial District Court of Bexar County, Texas (TC# 2023-CR-2464)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
Before the Court is Appellant's motion to compel clerk to file a complete record and to abate and postpone the appellate brief deadline. In the motion, Appellant states that the clerk's record in this cause is missing pre-trial documents.
Rule 34.5(d) of the Texas Rules of Appellate Procedure provides that "[if] the clerk's record is defective or inaccurate, the appellate clerk must inform the trial court clerk of the defect or inaccuracy and instruct the clerk to make the correction." Tex.R.App.P. 34.5(d). This Court cannot determine whether the clerk's record in this appeal is defective or inaccurate and concludes an evidentiary hearing is necessary.
Accordingly, the motion is GRANTED it is ORDERED that this case is abated and remanded to the trial court for further proceedings. The trial court is directed to hold an evidentiary hearing to determine whether the clerk's record in its present form is defective or inaccurate. The trial court shall conduct the hearing and prepare findings and conclusions. Should the trial court find that the clerk's record is defective or inaccurate, the trial court clerk is instructed to make the necessary corrections in accordance with the trial court's findings and file a corrected copy of the clerk's record with this Court on or before March 13, 2024.
Additionally, the trial court clerk shall prepare and forward a supplemental clerk's record containing the findings from the evidentiary hearing and forward the same to this Court on or before March 13, 2024. Further, the transcript of the hearing shall be prepared, certified, and filed with this Court within ten days of the conclusion of the evidentiary hearing. This appeal will be reinstated upon the date the complete supplemental clerk's record and reporter's record is filed with this Court. The appellate deadlines are suspended during the abatement and the Court will issue an updated briefing schedule upon reinstatement.
IT IS SO ORDERED.