Opinion
04-22-00289-CR
09-19-2023
Chad Wade SPENCE, Appellant v. The STATE of Texas, Appellee
From the 81st Judicial District Court, Wilson County, Texas Trial Court No. CRW2101019 Honorable Russell Wilson, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice, Patricia O. Alvarez, Justice, Beth Watkins, Justice
ORDER
PER CURIAM
On September 1, 2023, appellant filed a "Dispute to Reporter's Record" and three supporting affidavits. Appellant's motion contends that certain portions of testimony and argument presented during his trial have been omitted from the reporter's record. As of the date of this order, the State has not filed a response to appellant's motion.
When a party claims the reporter's record is inaccurate, the parties may agree to correct that inaccuracy. Tex.R.App.P. 34.6(e)(1). If the parties cannot agree, the trial court must settle the dispute, and we may abate an appeal to allow the trial court to do so. Id. R. 34.6(e)(2), (3); Shilling v. State, No. 07-17-00105-CR, 2017 WL 3882729, at *1 (Tex. App.-Amarillo Aug. 30, 2017, no pet.) (mem. op., not designated for publication).
After consideration, we ABATE this appeal and REMAND to the trial court to determine, after notice and a hearing, whether the reporter's record accurately reflects the events that occurred at trial. If the trial court determines that the reporter's record is accurate and complete, we ORDER it to file a written order to that effect with this court by October 19, 2023. If the trial court determines the reporter's record is inaccurate or incomplete, we ORDER it to: (1) prepare written findings of fact identifying the inaccuracies; (2) sign a written order directing the court reporter to file a corrected record with this court; and (3) file its written order and findings of fact in this court by October 19, 2023. If the trial court orders the court reporter to file a corrected record, that record must be filed in this court by November 20, 2023.
All other appellate deadlines are suspended until further order of this court.
It is so ORDERED on September 19, 2023.