Opinion
AP-77,105
07-26-2023
TYRONE JAMAAL WILLIAMS, Appellant v. THE STATE OF TEXAS
Do not publish
ON DIRECT APPEAL FROM CAUSE NO. 31293 IN THE 196TH JUDICIAL DISTRICT COURT HUNT COUNTY
ORDER
Per curiam.
The above-styled and numbered cause is pending before this Court as a result of Appellant's capital murder conviction and resulting sentence of death in the 196th District Court of Hunt County, Cause No. 31293, styled The State of Texas v. Tyrone Jamaal Williams. Appellant has filed in this Court a "Motion to Abate and Remand Case for Completion of Appellate Record."
In his motion, Appellant lists several items that he contends are missing from the appellate record, including photographs, videos, and "clothing and evidence relating to [Appellant] when he was arrested." The photographs (State's Exhibits 38 through 43) are included in the record before us, but appellate counsel says he cannot locate these exhibits in the record before him. The videos (State's Exhibits 32, 37, 50, 283, and 283A) do not appear to be included in the record before us. Appellate counsel says that he can view these videos at the Hunt County District Clerk's Office, except for State's Exhibit 50 because the "original source file" is allegedly "corrupted." Photographs of State's Exhibits 44A through 45H are included in the record before us, but appellate counsel says he cannot locate these pieces of evidence in the record before him.
Because the trial court is in a better position to determine the accuracy of the record, we abate the appeal and remand this cause to the trial court to resolve this issue. The trial court is directed to make findings of fact regarding whether the items in question have been omitted from the record, and if so, whether they should be included. The trial court shall also make findings of fact regarding whether any of these exhibits are "broken" or "inaccessible," as appellate counsel alleges. If the trial court determines that certain items need not be included in the record, then the trial court should state its reasons for making that determination. If the trial court determines that any relevant items have been omitted from the record, then the trial court shall direct the clerk and/or court reporter to prepare, certify, and file in this Court a supplemental record containing the omitted items. See Tex. R. App. P. 34.5(c)(1) & 34.6(d).
The findings shall be made and any necessary supplements shall be filed within 30 days of the date of this order. Appellant's brief will be due in this Court within 30 days thereafter.
IT IS SO ORDERED.