Opinion
13-23-00572-CR
03-06-2024
SANTUAN QUIANTE WISON, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 187th District Court of Bexar County, Texas.
Before Chief Justice Contreras and Justices Longoria and Peña
ORDER OF ABATEMENT
Per Curiam
This cause is before the Court on its own motion. On February 23, 2024, the court reporter, Mary Scopas, submitted a letter indicating her copy of State's Exhibit 1 is unviewable.
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 State's Exhibit 1, 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 steps are necessary to ensure the prompt preparation of a 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.