IN THE
TENTH COURT OF APPEALS
No. 10-18-00159-CR
ANDREW LEE JONES, JR.,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 85th District Court
Brazos County, Texas
Trial Court No. 16-04190-CRF-85
REINSTATEMENT ORDER
This appeal was abated to the trial court to hold a hearing regarding correcting
inaccuracies, if any, in the reporter’s record. See TEX. R. APP. P. 34.6(e)(2). After a hearing,
the reporter’s record was corrected and, as corrected, was filed with this Court on
December 3, 2018. An exhibit, however, has not been filed. The exhibit, offered both as
Motion to Suppress Exhibit 21 and as State’s Exhibit 4, an in-car video, could not be
1
The parties at the abatement hearing and at the motion to suppress hearing refer to this Exhibit as Motion
to Suppress Exhibit 2. However, it is labeled in the Exhibit volume as Motion to Suppress Exhibit 1.
Whatever the label, the Court lacks the in-car video that was introduced.
converted by the reporter to be electronically filed with this Court.
Accordingly, this appeal is reinstated, and the reporter is ORDERED to provide
the Court with a DVD containing a copy of the video admitted into evidence as Motion
to Suppress Exhibit 22 and as State’s Exhibit 4 within 14 days from the date of this Order.
The copy must be in a format that will allow the Court to view the video using industry
standard video software rather than any type of proprietary software. Further, the
Reporter is ORDERED to correct the Exhibit volume of the reporter’s record to reflect the
correct number assigned to the in-car video exhibit which was introduced during the
hearing on the defendant’s motion to suppress and file the corrected Exhibit volume
within 14 days from the date of this Order. Upon receipt, the DVD and the corrected
Exhibit volume will be filed as a part of the record in this appeal.
The State’s brief is due 30 days from the date the DVD and corrected Exhibit
volume are filed by the Court.3
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal reinstated
Order issued and filed January 2, 2019
2
Or Motion to Suppress Exhibit 1, whichever is the in-car video.
3
Should one be filed on a date after the other is filed, the State’s brief is due 30 days from the later date.
Jones v. State Page 2