NUMBER 13-14-00733-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JUAN JOSE LOPEZ, JR., Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 111th District Court
of Webb County, Texas.
ORDER
Before Chief Justice Valdez and Justices Rodriguez, and Garza
Order Per Curiam
This cause is before the Court on appellant’s motion to supplement the clerk’s
record. 1 The clerk’s record in this cause was filed on December 10, 2014, and a
supplemental clerk’s record was filed on December 11, 2014. According to appellant,
1This case is before the Court on transfer from the Fourth Court of Appeals in San Antonio pursuant to a
docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001
(West, Westlaw through 2013 3d C.S.).
defendant’s requested jury instructions are not included in the clerk’s record because the
original document is lost. Appellant requests that he be allowed to supplement the
clerk’s record with a copy of the “Defendant’s Requested Jury Instructions” attached to
the motion.
This situation requires us to effectuate our responsibility to avoid further delay and
to preserve the parties’ rights. See TEX. R. APP. P. 37.3(a)(1). Accordingly, this appeal
is ABATED and the cause REMANDED to the trial court.
Upon remand, the judge of the trial court shall immediately cause notice to be given
and conduct a hearing to determine if the clerk’s record, or any part thereof, has been lost
or destroyed, and shall make appropriate findings under Tex. R. App. P. 34.5(e), if
necessary. Otherwise, the court shall determine what steps are necessary to ensure the
prompt preparation of a complete clerk’s record, and shall enter any orders required to
avoid further delay and to preserve the parties’ rights. If a filing designated for inclusion
in the clerk’s record has been lost or destroyed and the parties cannot agree, by written
stipulation, for a copy of that item to be included in a supplemental record, the trial court
shall determine what constitutes an accurate copy of the missing item and order it to be
included in the clerk’s supplemental record. Determining what constitutes an accurate
copy of the missing item in the clerk’s record is, thus, a determination to be made by the
trial court. Accordingly, we DENY appellant’s motion to supplement the clerk’s record
with the “Defendant’s Requested Jury Instructions.”
The trial court shall prepare and file its findings and orders and cause them to be
included in a supplemental clerk's record which should be submitted to the Clerk of this
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Court within thirty days from the date of this order.
IT IS SO ORDERED.
PER CURIAM
Do not publish.
Tex. R. App. P. 47.2(b).
Delivered and filed the
19th day of February, 2015.
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