Reversed and Remanded and Memorandum Opinion filed January 11, 2006.
In The
Fourteenth Court of Appeals
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NO. 14-05-01152-CR
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FRANCISCO RANGEL HERNANDEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from County Criminal Court at Law No. 9
Harris County, Texas
Trial Court Cause No. 1286506
M E M O R A N D U M O P I N I O N
On September 28, 2006, we abated this case to the trial court for the court to determine whether appellant is entitled to a new trial based upon a lost or destroyed reporter's record. See Tex. R. App. P. 34.6(f). The trial court conducted a hearing pursuant to our order and found the record of the trial has been lost by the court reporter without fault to appellant, the missing record is necessary for the appeal=s resolution, and the missing record cannot be replaced by agreement of the parties. Based on the trial court's findings, we hold that appellant has met the requirements of Rule 34.6(f). See Tex. R. App. P. 34.6(f). Accordingly, appellant is entitled to a new trial.
The judgment of the trial court is reversed and the cause remanded for a new trial.
PER CURIAM
Judgment rendered and Memorandum Opinion filed January 11, 2006.
Panel consists of Justices Frost, Seymore, and Guzman.
Do Not Publish C Tex. R. App. P. 47.2(b).