Opinion
13-24-00082-CR
04-17-2024
DIETRICH WHITE, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On Appeal from the 390th District Court of Travis County, Texas
Before Justices Benavides, Tijerina, and Silva
ORDER OF ABATEMENT
PER CURIAM.
This appeal is before the Court on appellant's motion to supplement the record and motion for extension of time to file a brief. This appeal arose from trial court cause number D-1-DC-22-904060; appellant now identifies trial court cause number D-1-DC-19-100013 as potentially relevant to this appeal.
Appellant has directly requested supplementation of the clerk's record from the district clerk's office and has communicated with the court reporter regarding the reporter's record. However, based on the record before us, it is unclear whether trial court cause number D-1-DC-19-100013 is relevant to this appeal or otherwise contains relevant items which were omitted from either the clerk's record or the reporter's record.
Texas Rule of Appellate Procedure 34.5(c)(1) provides that if a relevant item has been omitted from the clerk's record, the trial court clerk may prepare a supplemental record containing the omitted item. See Tex. R. App. P. 34.5(c)(1). Furthermore, if anything relevant was omitted from the reporter's record, the trial court may direct the official court reporter to prepare, certify, and file the supplemental reporter's record containing the omitted item. Id. R. 34.6(d).
Accordingly, this appeal is abated, and the cause remanded to the trial court. Upon remand, the judge of the trial court shall immediately cause notice to be given and conduct a hearing to determine (1) whether cause number D-1-DC-19-100013 is relevant to this appeal; (2) whether any necessary items were omitted from the reporter's record; and (3) whether any necessary items were omitted from the clerk's record. See id. R. 34.5(c), 34.6(d). If any relevant items were omitted, the trial court shall issue any orders necessary to complete the appellate record in a timely fashion.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, 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, if any, shall be filed with the Clerk of this Court within thirty days from the date of this order.
Furthermore, appellant's motion to supplement the record and motion for extension of time to file a brief are both carried at this time.