Carlos Cadriel v. State

• Court: Court of Appeals of Texas
• Decided: July 20, 2006
• Docket: 13-04-00392-CR
• Status: Published

Opinion

                             NUMBER 13-04-392-CR

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

 ____________________________________________  _________________

CARLOS CADRIEL,                                                  Appellant,

v.

THE STATE OF TEXAS,                                              Appellee.

  ____________________________________ _________________________

                  On appeal from the 398th District Court

 of Hidalgo County, Texas

_ __________________________________ ___________________________

                     MEMORANDUM OPINION

   Before Chief Justice Valdez and Justices Rodriguez and Garza

                       Memorandum Opinion Per Curiam

Appellant, CARLOS CADRIEL, perfected  an appeal from a judgment entered by the 398th District Court of Hidalgo County, Texas.  On March 10, 2006, this Court granted the parties= joint motion to abate the appeal.  The appeal was abated and the case was remanded to the trial court to make findings on these issues: 1) if, without the appellant=s fault, a significant portion of the court reporter=s notes and records have been lost or destroyed or B if the proceedings were electronically recorded B a significant portion of the recording has been lost or destroyed or is inaudible; 2) if the lost, destroyed, or inaudible portion of the reporter=s record is necessary to the appeal=s resolution; and 3) if the lost, destroyed, or inaudible portion of the reporter=s record cannot be replaced by agreement of the parties. 

The trial court=s findings and recommendations were received and filed in this Court on May 8, 2006.  The trial court found that based upon the inability of the court reporter to produce a complete record in this case and the inability of the parties to agree upon the absent proceedings, a new trial should be granted in this matter.

The Court, having examined and fully considered the documents on file and the trial court=s findings and recommendations, is of the opinion that this matter should be remanded for a new trial.  The judgment of the trial court is REVERSED, and the cause is REMANDED for a new trial.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed  this the 20th day of July, 2006.