Coker, Travis v. State

Opinion

COURT OF APPEALS

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

TRAVIS COKER,                             Appellant, v. THE STATE OF TEXAS,                             Appellee.

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No. 08-02-00014-CR Appeal from the 161st District Court of Ector County, Texas (TC# B-28,794)

MEMORANDUM OPINION ON MOTION FOR HEARING

ON REPORTER=S RECORD ACCURACY

Appellant Travis Coker has filed two supplemental motions to obtain a hearing on the accuracy and condition of the reporter=s record and the clerk=s record.  On November 14, 2002, this Court denied an earlier amended motion to obtain a hearing on the accuracy and condition of the reporter=s record and the clerk=s record.  In the motion entitled AAmended Motion to Obtain Hearing on Accuracy of Trial Transcript and State=s Exhibit No. Two@ filed on November 19, 2002, Coker asserts that the court reporter failed to transcribe certain testimony by Dr. Kenneth Adams and the complainant.  The referenced testimony may be found in Paragraphs V and VI of the motion.  On December 9, 2002, this Court requested that the State specifically respond to Coker=s allegations that the testimony detailed in Paragraphs V and VI had been omitted from the reporter=s record.  The State has since filed a response generally opposing Coker=s motion and addressing many issues raised in Coker=s motions, but it wholly fails to address our specific concern.  Therefore, we will leave it to the trial court to resolve the issue.  See Tex. R. App. P. 34.6(e)(3).

This appeal is abated and the trial court is ordered to conduct a hearing to determine whether there is an inaccuracy in the reporter=s record.  The only issue before the trial court is whether the court reporter omitted the testimony of the two witnesses specified in Paragraphs V and VI of Coker=s motion.  The hearing should be conducted no later than February 17, 2003.  All other issues will be resolved without the necessity for a hearing.

If the trial court determines that the reporter=s record is inaccurate, it should ensure that the reporter=s record is made to conform to what occurred in the trial court.  See Tex. R. App. P. 34.6(e)(3).  If the record, however, is found to be an accurate transcription of what took place at trial, the trial court shall so state either on the record at the hearing or in a written finding.  If the finding is made in writing, it shall be filed with the trial court clerk and forwarded to this Court in a supplemental record for filing no later than March 4, 2003.  Likewise, the reporter=s record of the hearing shall be filed in this Court no later than March 4, 2003.

SUSAN LARSEN, Justice

January 16, 2003

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

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