Christopher Lamont Jones v. the State of Texas

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-26-00291-CR

CHRISTOPHER LAMONT JONES, APPELLANT V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 100th District Court Childress County, Texas

Trial Court No. 8313, Honorable Dale A. Rabe, Jr., Presiding

June 11, 2026

ORDER OF ABATEMENT AND REMAND Before PARKER, C.J., and DOSS and PRATT, JJ.

Appellant, Christopher Lamont Jones, appeals from the trial court’s judgment adjudicating him guilty of burglary of a habitation 1 and sentencing him to thirty-five years of confinement. The reporter’s record is due June 8, 2026. However, the court reporter has advised this Court that, due to a malfunction of the stenographic recording equipment,

1 See TEX. PENAL CODE § 30.02.

no stenographic notes were made of the proceedings. Thus, the reporter is unable to prepare and file the reporter’s record.

Accordingly, we abate this appeal and remand the cause to the trial court for findings pursuant to Texas Rule of Appellate Procedure 34.6(f), which governs an appellant’s entitlement to a new trial when a reporter’s record has been lost or destroyed. See Mendoza v. State, No. 07-14-00034-CR, 2014 Tex. App. LEXIS 6485, at *2–3 (Tex. App.—Amarillo June 16, 2014, no pet.) (per curiam) (abating and remanding appeal for findings under Rule 34.6(f)).

Upon remand, the trial court shall conduct a hearing and determine:

(1) whether, through no fault of Appellant, a significant portion of the court reporter’s notes and records has been lost or destroyed, or, if the proceedings were electronically recorded, whether a significant portion of the recording is inaudible;

(2) if so, whether the lost, destroyed, or inaudible portion of the reporter’s record is necessary to the resolution of the appeal; and

(3) whether the lost, destroyed, or inaudible portion of the reporter’s record can be replaced by agreement of the parties. See TEX. R.

APP. P. 34.6(f).

The trial court is directed to enter written findings of fact on these matters. A supplemental clerk’s record containing the trial court’s findings, together with a reporter’s record of any hearing conducted pursuant to this order, shall be filed with this Court on or before July 13, 2026.

It is so ordered.

Per Curiam

Do not publish.