IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. AP-77,066
MARK ANTHONY GONZALEZ, Appellant
v.
THE STATE OF TEXAS
ON DIRECT APPEAL FROM CAUSE NO. 2011-CR-5289
IN THE 175 TH JUDICIAL DISTRICT COURT
BEXAR COUNTY
Per curiam. R ICHARDSON and Y EARY, J.J., not participating.
ORDER
The above-styled and numbered cause is pending before this Court as a result of
appellant’s capital murder conviction and resulting sentence of death in the 175 th Judicial
District Court of Bexar County, Cause No. 2011-CR-5289, styled The State of Texas v. Mark
Anthony Gonzalez. Appellant has filed in this Court a motion entitled “Motion to Abate
Appeal for Completion and Correction of the Appellate Record.”
In his motion, appellant “request[s] copies of the juror information cards and
questionnaires in this case.” Appellant should first present his request for the disclosure of
Gonzalez – 2
this information to the trial court. See T EX. C ODE C RIM. P ROC. Art. 35.29.
Appellant further lists numerous other items that he contends are missing from the
appellate record. Because the trial court is in a better position to determine the accuracy of
the record, we abate the appeal and remand this cause to the trial court to resolve this issue.
The trial court is directed to make findings of fact regarding whether the items in question
have been omitted from the record, and if so, whether they should be included. If the trial
court determines that certain items need not be included in the record, then the trial court
should state its reasons for making that determination. If the trial court determines that any
relevant items have been omitted from the clerk’s record or reporter’s record, then the trial
court shall direct the clerk and/or court reporter to prepare, certify, and file in this Court a
supplemental record containing the omitted items. See T EX. R. A PP. P. 34.5(c)(1) & 34.6(d).
The findings shall be made and any necessary supplements shall be filed within 30
days of the date of this order. Appellant’s brief will be due in this Court within 30 days
thereafter.
IT IS SO ORDERED THIS THE 1ST DAY OF MARCH, 2017.
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