Opinion
NUMBER 13-18-00225-CR
02-28-2019
MARIO VARGAS, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 319th District Court of Nueces County, Texas.
ORDER
Before Justices Benavides, Longoria, and Hinojosa
Order Per Curiam
On February 7, 2019, the reporter filed the record and notified this Court that two exhibits cannot be located. On February 20, 2019, the reporter filed exhibit volume 8 which identifies that State's Exhibit 1 and Defense Exhibits 5 could not be located. Therefore, it appears these exhibits may be lost or destroyed.
The appeal is ABATED and the matter is REMANDED to the trial court. In accordance with Texas Rule of Appellate Procedure 34.6(f)(4), the trial court is directed to conduct a hearing to determine: (1) if the appellant has timely requested a reporter's record; (2) if, without the appellant's fault, a significant exhibit or a significant portion of the court reporter's notes and records has been lost or destroyed or - if the proceedings were electronically recorded - a significant portion of the recording has been lost or destroyed or is inaudible; (3) if the lost, destroyed, or inaudible portion of the reporter's record, or the lost and destroyed exhibit, is necessary to the appeal's resolution; and (4) if the lost, destroyed, or inaudible portion of the reporter's record cannot be replaced by agreement of the parties, or the lost 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PER CURIAM Do not publish.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 28th day of February, 2019.