Opinion
NO. 14-17-00267-CR
10-10-2017
JESUS GABRIEL ZAMARRIPA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 178th District Court Harris County, Texas
Trial Court Cause No. 0483100
ABATEMENT ORDER
The reporter's record was filed on May 12, 2017. Appellant has filed a motion requesting abatement of the appeal for supplementation of the record. Appellant indicates the hearing on appellant's motion to quash the indictment for lack of a speedy trial is missing from the reporter's record. Appellant further indicates the court reporter who took the record of the speedy trial hearing is Rachel Dutton, the official court reporter for the 245th District Court.
Texas Rule of Appellate Procedure 34.6(d) allows for supplementation of the reporter's record if relevant items are omitted. Accordingly, we grant appellant's motion.
Rachel Dutton is directed to file a supplemental reporter's record on or before November 9, 2017, containing a transcript of the speedy trial hearing. If the speedy trial hearing was not transcribed, the court reporter is directed to file a certified statement on or before November 9, 2017, stating the speedy trial hearing was not transcribed.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the supplemental reporter's record or certification of no transcript is filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. Appellant's brief is due 30 days after the transcript of the supplemental reporter's record or certification of no transcript is filed.
It is so ORDERED.
PER CURIAM