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NUMBER 13-04-392-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________ _________________
CARLOS CADRIEL, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________ _________________________
On appeal from the 398th District Court
of Hidalgo County, Texas
_ __________________________________ ___________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum Opinion Per Curiam
Appellant, CARLOS CADRIEL, perfected an appeal from a judgment entered by the 398th District Court of Hidalgo County, Texas. On March 10, 2006, this Court granted the parties= joint motion to abate the appeal. The appeal was abated and the case was remanded to the trial court to make findings on these issues: 1) if, without the appellant=s fault, a significant portion of the court reporter=s notes and records have been lost or destroyed or B if the proceedings were electronically recorded B a significant portion of the recording has been lost or destroyed or is inaudible; 2) if the lost, destroyed, or inaudible portion of the reporter=s record is necessary to the appeal=s resolution; and 3) if the lost, destroyed, or inaudible portion of the reporter=s record cannot be replaced by agreement of the parties.
The trial court=s findings and recommendations were received and filed in this Court on May 8, 2006. The trial court found that based upon the inability of the court reporter to produce a complete record in this case and the inability of the parties to agree upon the absent proceedings, a new trial should be granted in this matter.
The Court, having examined and fully considered the documents on file and the trial court=s findings and recommendations, is of the opinion that this matter should be remanded for a new trial. The judgment of the trial court is REVERSED, and the cause is REMANDED for a new trial.
PER CURIAM
Do not publish.
Tex. R. App. P. 47.2(b).
Memorandum Opinion delivered and
filed this the 20th day of July, 2006.