IN THE
TENTH COURT OF APPEALS
No. 10-08-00375-CR
No. 10-08-00376-CR
William Brown Parhm,
Appellant
v.
The State of Texas,
Appellee
From the 13th District Court
Navarro County, Texas
Trial Court Nos. 28777-CR and 30744-CR
ABATEMENT ORDER
Counsel for William Brown Parhm has filed a brief pursuant to Anders v. California and a motion to withdraw as counsel. See Anders v. California, 386 U.S. 738 (1967). Parhm has filed a pro-se response to the brief, alleging in part that the reporter’s record is inaccurate as to certain statements made during his hearing before the trial court on the motion to revoke probation filed in each of his two cases. The State has filed no response.
Therefore, pursuant to Texas Rule of Appellate Procedure 34.6(e)(3), we find it necessary to abate this proceeding to the trial court for a hearing to determine whether there is any inaccuracy in the court reporter’s record. Parhm contends that there were statements made regarding his performance at S.A.F.P. made by the trial court and the State that were omitted from the reporter’s record as filed with this Court. The trial court is ordered to conduct this hearing within thirty days after the date of this order. See Lomax v. State, 153 S.W.3d 582, 586 (Tex. App.—Waco 2004, order) (per curiam).
If the trial court finds that the record is inaccurate, then the trial court is ordered to sign a written order reflecting this finding and ordering the court reporter to (1) prepare a corrected record which "conforms to what occurred in the trial court" and (2) file it with the Clerk of this Court. See Tex. R. App. P. 34.6(e)(2). See also Lomax, 153 S.W.3d at 587. If the trial court finds that the record is accurate, then the trial court is ordered to sign a written order to that effect.
Regardless of whether the trial court orders a supplementation or correction of the record, the district clerk is ordered to file a supplemental clerk's record containing a copy of the court's order(s) with the Clerk of this Court. Id. 34.5(c). If necessary to any issue on appeal, unless the parties waive the making of a reporter's record in the abatement hearing, the court reporter is ordered to prepare and file a supplemental reporter's record of the abatement hearing with the Clerk of this Court. Id. 13.1(a), 34.6(d). The supplemental record(s) and an exhibit index must be filed with the Clerk of this Court within forty-five days after the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Abated
Opinion delivered and filed October 14, 2009
Do not publish