Opinion
NUMBER 13-13-00405-CRNUMBER 13-13-00675-CRNUMBER 13-13-00676-CRNUMBER 13-13-00677-CRNUMBER 13-13-00678-CRNUMBER 13-13-00679-CRNUMBER 13-13-00680-CR
10-13-2014
RENE ZAMORA, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 331st District Court of Travis County, Texas.
ORDER
Before Chief Justice Valdez and Justices Garza and Longoria
Order Per Curiam
This cause is before the Court on the appellant's unopposed motion to abate briefing schedule. The clerk's records and reporter's records in these causes have been filed. Appellant has advised this Court that there are several important documents missing from the appellate record. Also missing is the reporter's record of the proceedings at which the trial court announced its decision on the motion to suppress. Counsel states that until the missing records have been filed with the Court, he cannot complete his duties as appellate counsel.
This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West 2005).
When a relevant item has been omitted from the reporter's record, the trial court, appellate court, or any party may by letter direct the trial court clerk to prepare, certify, and file in the appellate court a supplemental reporter's record containing the omitted items. See TEX. R. APP. P. 34.6(d). If a relevant item has been omitted from the clerk's record, the trial court, the appellate court, or any party may by letter direct the trial court clerk to prepare, certify, and file in the appellate court a supplement containing the omitted item. See Id. 34.5(c). Counsel's motion indicates he has been working with the district clerk and the reporter to obtain a complete record.
Accordingly, appellant's motion to abate the briefing schedule for 60 days is GRANTED and the appeals are ABATED. These appeals will be reinstated upon receipt of the supplemental reporter's records, supplemental clerk's records, and upon further order of this Court.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the 13th day of October, 2014.