In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-16-00169-CR
EX PARTE ADOUN PHOMMIVONG
On Appeal from the 251st District Court
Potter County, Texas
Trial Court No. 64,888-C, Honorable Ana Estevez, Presiding
May 17, 2016
ORDER
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Appellant, Adoun Phommivong, appeals the denial of a writ of habeas corpus
filed under Article 11.072 of the Texas Code of Criminal Procedure. The reporter’s
record was filed on April 26, 2016. Appellant now moves to abate this appeal and
remand the cause to the trial court to resolve alleged inaccuracies in the reporter’s
record pursuant to Appellate Rule 34.6(e)(3). The State has responded and opposes
the motion.
If a dispute arises as to the accuracy of the reporter’s record after it has been
filed in the appellate court, the appellate court may submit the dispute to the trial court
for resolution. See TEX. R. APP. P. 34.6(e)(2),(3). Given the permissive language of this
Rule, an appellate court need not submit all such matters to the trial court for resolution.
See Villalva v. State, No. 08-13-00219-CR, 2015 Tex. App. LEXIS 7030, at *7 (Tex.
App.—El Paso July 8, 2015, no pet.) (not designated for publication). Instead,
submission to the trial court is necessary only when there is a substantive dispute
regarding the state of the evidence that might affect our ability to conduct an appellate
review. Id. Appellant has not identified any alleged inaccuracy in the reporter’s record
that might affect our ability to conduct an appellate review.
Accordingly, we deny his motion to abate the appeal. See TEX. R. APP. P.
34.6(e)(3).
Per Curiam
Pirtle, J., dissenting without opinion.
Do not publish.
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