Donald Davison v. State

 

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00292-CR

 

Donald Davison,

                                                                                    Appellant

 v.

 

The State of Texas,

                                                                                    Appellee

 

 


From the 278th District Court

Walker County, Texas

Trial Court No. 23113

 

      ABATEMENT ORDER


 

            The record in this appeal, both the reporter’s record and the clerk’s record, is incomplete because it is missing copies of State’s exhibits 1-5.  These exhibits included appellant’s written stipulations which would contain his confession of guilt to the elements of the offense.  Without the stipulations, it would appear that there is no evidence in the record to support his conviction; and the plea of guilty, alone, would be inadequate. 

            Accordingly, we abate the appeal to the trial court to make a determination, after notice and hearing, of whether the exhibits have been lost, and if lost whether they can be replaced with accurate duplicates.  Tex. R. App. P. 34.5(a)(2), (d), (e) and 34.6(e), (f).

            If the exhibits cannot be found or replaced, new appellate counsel must be appointed to brief the arguable issue of the effect on the appeal of the lost exhibits.  If new appellate counsel is appointed, the trial court must inform counsel that appellant’s brief is due to be filed with this Court within 30 days from the date of the appointment.

            A hearing must be held and an order rendered within 30 days from the date of this Order.  Supplemental clerk’s and reporter’s records are due within 45 days from the date of this order.

 

                                                                        PER CURIAM

 

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Order issued and filed August 1, 2007

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