Order entered October 24, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00360-CR
DEMOND DEPREE BLUNTSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 49th District Court
Webb County, Texas
Trial Court Cause No. 2012CRO000674D1
ORDER
Before the Court is appellant’s October 15, 2018 motion to abate the appeal for a hearing
on the reporter’s record. In the motion, appellant states that he requested certain portions of the
reporter’s record but those portions have not been filed and the court reporter has not responded
to inquiries about the missing portions of the record.
We GRANT the motion to the extent we ORDER the trial court to conduct a hearing at
which Cynthia Perez Lenz is present and to make findings regarding the status of:
the record, if any, of chambers conference attended by the parties and
referenced at volume 5, pages 6-7 of the reporter’s record;
the record, if any, of a discussion between the trial court and appellant
referenced at volume 8, pages 4-5 of the reporter’s record; and
the record, if any, of a chambers conference held on April 20, 2016, referred to
at the charge conference held in open court later that same day and referenced
at volume 1, page 4 of the supplemental reporter’s record.
In addition, appellant seeks clarification regarding the “accuracy of the matters
transcribed at 40 RR 37-38, and about the location of a discussion between counsel and the court
mentioned at 21 RR 5-6.”
We ORDER the trial court to transmit a supplemental record containing its written
findings of fact, any supporting documentation, and any orders to this Court regarding
whether the portions detailed above were, in fact, reported and, if so, when they may be filed
with the Court within TWENTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Jose Lopez,
Presiding Judge, 49th District Court; to Cynthia Perez Lenz, official court reporter, 49th District
Court; and to all counsel for all parties.
We ABATE this appeal to allow the trial court to comply with this order. The appeal
shall be reinstated when we receive the supplemental record containing the trial court’s findings
of fact or when the Court otherwise deems it appropriate to reinstate the appeal.
/s/ LANA MYERS
JUSTICE