TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00690-CR
NO. 03-13-00691-CR
Joe Cardona, Appellant
v.
The State of Texas, Appellee
FROM DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT
NOS. D-1-DC-10-202665-A, D-1-DC-10-202666,
HONORABLE KAREN SAGE, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Appellant seeks to appeal the trial court’s denial of his writ of habeas corpus. The
reporter’s record in these causes was originally due on November 7, 2013. On December 10, 2013,
we notified the court reporter for the 299th District Court, Angela Chambers, that the record was
overdue. On December 16, Chambers notified the Court that another court reporter, Gene Lee, had
transcribed portions of the proceedings and that she needed additional time to coordinate with Lee
and file the record. Subsequently, Chambers informed the Court that she had been unable to locate
Lee and that the telephone numbers and other contact information she had for him were no longer
working. According to Chambers, she has left numerous messages for Lee at a telephone number
given to her by Lee’s former employer, but still has not been able to reach him. To date, the
reporter’s record has not been filed.
Under rule 34.6(f) of the rules of appellate procedure, an appellant is entitled to a new
trial if he timely requested a reporter’s record but a significant portion of the record has been lost or
destroyed through no fault of the appellant’s and if the lost or destroyed portion is necessary to the
resolution of the appeal and cannot be replaced. See Tex. R. App. P. 34.6(f). Accordingly, we abate
this appeal and remand this case to the trial court. The trial court is ordered to hold a hearing to
determine: (1) whether a significant portion of the record has been lost or destroyed, and, if so,
whether a new trial is warranted under Rule 34.6(f), or (2) if the record has not been lost or
destroyed, a reasonable time period in which the reporter’s record can be prepared and filed in this
Court. The trial court shall make appropriate findings of fact and conclusions of law with regard
to these issues.
The district clerk shall prepare a supplemental clerk’s record containing the trial
court’s findings of fact and conclusions of law as well as any orders signed by the trial court. In
addition, the court reporter shall prepare a supplemental reporter’s record containing a transcription
of the hearing. These supplemental records shall be forwarded to the Clerk of this Court no later
than May 26, 2014.
Before Justices Puryear, Goodwin, and Field
Abated and Remanded
Filed: April 25, 2014
Do Not Publish
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