NUMBER 13-19-00607-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
MATEO FABIAN GOMEZ GARZA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 93rd District Court
of Hidalgo County, Texas.
ORDER ABATING APPEAL
Before Justices Benavides, Hinojosa, and Tijerina
Order Per Curiam
The reporter’s records submitted to this court appear incomplete. The honorable
court reporter Jacqueline Inks has been granted several requests for extension.
Furthermore, on August 17, 2020 notice was sent to the trial court’s official reporter, Mark
Kvapil and the honorable Jacqueline Inks notifying each of the missing volumes. To date,
volumes 1, 2, 3, 4, 14, and 23 have not been received by the clerk of this court.
This sequence of events 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 for further proceedings.
In accordance with Texas Rule of Appellate Procedure 34.6(f)(4), the trial court is
directed to conduct a hearing to determine if: (1) the appellant has timely requested a
reporter's record; (2) without the appellant's fault, a significant exhibit or a significant
portion of the court reporter's notes and records has been lost or destroyed or - if the
proceedings were electronically recorded - a significant portion of the recording has been
lost or destroyed or is inaudible; (3) if the lost, destroyed, or inaudible portion of the
reporter's record, or the lost and destroyed exhibit, is necessary to the appeal's resolution;
and (4) the lost, destroyed, or inaudible portion of the reporter's record cannot be replaced
by agreement of the parties, or the lost or destroyed exhibit cannot be replaced either by
agreement of the parties or with a copy determined by the trial court to accurately
duplicate with reasonable certainty the original exhibit. See TEX. R. APP. P. 34.6(f).
The trial court is directed to forward the record of the proceedings, including any
orders and findings, to this Court within thirty (30) days of the date of this order, or to
notify this Court within such period indicating a date by which the trial court can comply.
IT IS SO ORDERED.
PER CURIAM
Do not publish.
TEX R. APP. P. 42.2(b).
Delivered and filed the
16th day of October, 2020.
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