Opinion
09-24-00015-CR
11-14-2024
ERIC MARTIN SEGREST JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 2 Orange County, Texas Trial Cause No. E113918
Before Golemon, C.J., Johnson and Chambers, JJ.
ORDER
PER CURIAM
On September 12, 2024, the Court requested a response from the parties to Appellant's Motion for the Court of Appeals to Direct the Orange County Clerk's Supplementation, providing a record reference where the video at issue was shown to the jury and whether the parties dispute what was shown to the jury. Appellant Eric Martin Segrest Jr. filed a response, but the State has not notified the Court regarding whether the State disputes what was shown to the jury.
It is, therefore, ordered that the appeal is abated and the case is remanded to the trial court for it to ensure the accuracy of the record. The trial court shall conduct a hearing, and if it finds an inaccuracy, it must order the court reporter to conform the reporter's record to what occurred in the trial court and to file certified corrections with this Court. See Tex. R. App. P. 34.6(e)(2); see also Amador v. State, 221 S.W.3d 666, 673 (Tex. Crim. App. 2007) ("Sometimes the parties may treat an exhibit, document, or other material as if those items had been admitted into evidence, even though they were never formally offered or admitted in the trial court."). A supplemental reporter's record of the hearing, together with a supplemental clerk's record containing the trial court's findings and orders, shall be filed with the Court of Appeals by December 16, 2024.
ORDER ENTERED November 14, 2024.