Opinion
13-24-00348-CR
10-21-2024
SANDRA VASQUEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(b).
On Appeal from the 105th District Court of Nueces County, Texas
Before Justices Longoria, Tijerina, and Peña
SUPPLEMENTAL ORDER OF ABATEMENT
PER CURIAM.
On September 3, 2024, we abated this appeal and remanded the cause to the trial court requesting a correct and complete trial court's certification of the defendant's right to appeal. The trial court was ordered to cause a supplemental clerk's record to be prepared containing a correct trial court certification of defendant's right to appeal instanter.
Furthermore, on October 3, 2024, the court reporter filed a letter indicating certain exhibits could not be located in the district clerk's case file, namely defendant's exhibits 1 and 2. This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See Tex. R. App. P. 35.3(b), (c). Accordingly, this appeal is abated, and the cause remanded to the trial court. The trial court shall cause a hearing to be held to determine if the reporter's record, specifically any exhibits, or any other part thereof, is missing, lost, or destroyed. Furthermore, the court is instructed to make findings under Texas Rule of Appellate Procedure 34.6(f), if necessary. See id. R. 34.6(f). Otherwise, the court shall determine what other orders are necessary to ensure the prompt preparation of the remaining portion of the reporter's record and shall enter any orders required to avoid further delay and to preserve the parties' rights.
The trial court shall cause its findings, together with any orders it may enter, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.