Order entered August 3, 2017
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00295-CR
JULIO IVAN BAUTISTA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F16-75991-K
ORDER
Julio Ivan Bautista appeals his March 9, 2017 conviction for continuous sexual abuse of a
young child. After the jury found him guilty, the trial court assessed punishment at forty years in
prison. Appellant filed a motion for new trial which was overruled on March 17, 2017.
Thereafter, he filed this appeal.
The clerk’s record was filed July 10, followed by five volumes of reporter’s record on
July 31, 2017. That same day, deputy court reporter Janice Garrett informed the Court that she
reported the motion for new trial but her “stenotype machine malfunctioned” and she “cannot
access the files for this hearing.” She stated she had contacted the manufacturer but was not sure
the files could be repaired.
Accordingly, we ORDER the trial court to conduct a hearing at which Janice Garrett is
present and to make findings regarding the following: (1) whether the notes of the motion for
new trial hearing that Janice Garrett recorded are available; and (2) if the notes are not
available, whether (a) appellant is at fault for the loss or destruction of the notes; (b)
appellant and the State can agree to a substituted record; and (c) the lost or destroyed notes are
necessary to the appeal’s resolution.
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 within
THIRTY DAYS of the date of this order.
We DIRECT the Clerk to transmit copies of this order, by electronic transmission, to
the Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4; deputy
court reporter Janice Garrett; and to counsel for all parties.
We ABATE the appeal to allow the trial court to comply with this order. The
appeal shall be reinstated in thirty days or when we receive the supplemental record containing
its findings of fact, whichever occurs first.
/s/ ADA BROWN
JUSTICE
Julio Ivan Bautista v. State
Combined Opinion