NUMBER 13-15-00157-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
EX PARTE SERGIO RODRIGUEZ CUELLER
On appeal from the 92nd District Court
of Hidalgo County, Texas
ORDER OF ABATEMENT
Before Chief Justices Rodriguez, Garza, and Longoria
Order Per Curiam
On June 23, 2015, the court reporter for this cause notified the Court that she will
be unable to reproduce the statement of facts for a hearing held on February 19, 2015
because “there was a failure on the part of the hardware or software” used to record the
hearing.
Accordingly, the appeal is ABATED and the matter is REMANDED to the trial court.
In accordance with Texas Rule of Appellate Procedure 34.6(f), the trial court is directed
to conduct a hearing to determine: (1) if the appellant has timely requested a reporter's
record; (2) if, without the appellant's fault, a significant exhibit or a significant portion of
the court reporter's notes and records has been lost or destroyed or—if the proceedings
were electronically recorded—a significant portion of the recording has been lost or
destroyed or is inaudible; (3) if the lost, destroyed, or inaudible portion of the reporter's
record, or the lost or destroyed exhibit, is necessary to the appeal's resolution; and (4) if
the lost, destroyed, or inaudible portion of the reporter's record cannot be replaced by
agreement of the parties, or the lost or destroyed exhibit cannot be replaced either by
agreement of the parties or with a copy determined by the trial court to accurately
duplicate with reasonable certainty the original exhibit. See TEX. R. APP. P. 34.6(f).
The transcript of the hearing on abatement shall be filed with this Court as a
supplemental reporter’s record. The trial court shall prepare and file its findings and
orders and cause them to be included in a supplemental clerk's record. Both
supplemental records should be submitted to the Clerk of this Court within thirty days from
the date of this order.
IT IS SO ORDERED.
Per Curiam
Do not publish.
Tex. R. App. P. 47.2(b).
Delivered and filed the
30th day of June, 2015.
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