Opinion
NUMBER 13-20-00220-CR
11-23-2020
PETER ISIAH UVALLE, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 139th District Court of Hidalgo County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Longoria and Perkes
Order Per Curiam
This appeal is before the Court on its own motion. A review of the reporter's record reveals several exhibits are missing. Furthermore, the reporter's record includes information about the potential location of such missing exhibits; for example, the location where state's exhibit 158 is bookmarked contains an insert sheet stating "District Attorney's Office has a copy" and the location where defendant's supplemental exhibit 1 is bookmarked and contains an insert sheet stating "Defense attorney has a copy."
In order to address any and all missing exhibits, the appeal is ABATED and the cause REMANDED to the trial court. In accordance with Texas Rule of Appellate Procedure 34.6(d),(e), and (f), the trial court is directed to conduct a hearing to determine: (1) if the reporter or clerk has possession of exhibits which were omitted from the submitted record; (2) if, without the appellant's fault, a significant exhibit has been lost and/or destroyed; (3) if any lost and/or destroyed exhibits are necessary to the appeal's resolution; and (4) if the lost and/or destroyed exhibits cannot be replaced by agreement of the parties, or the lost and/or destroyed exhibit cannot be replaced either by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit. See TEX. R. APP. P. 34.6(f).
The trial court is directed to forward the record of the proceedings, including any orders and findings, to this Court within thirty (30) days of the date of this order, or to notify this Court within such period indicating a date by which the trial court can comply.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 23rd day of November, 2020.