David Wayne Boswell v. State

Opinion

Order filed August 31, 2012

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                    Nos. 11-12-00014-CR & 11-12-00015-CR

                             DAVID WAYNE BOSWELL, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 220th District Court

                                                        Comanche County, Texas

                                      Trial Court Cause Nos. CR-03371 & CR-03370

O R D E R

            David Wayne Boswell has filed objections to the reporter’s record in this court and contends that there are inaccuracies in the record, including several omissions and an inaccurate account of “crucial” testimony.  The State filed a response and disagrees with Boswell’s contentions.  Because the parties do not agree on whether the record is accurate and because this court is unable to determine at this time whether the record is accurate, we abate the appeal so that the trial court can conduct a hearing and settle the dispute pursuant to Tex. R. App. P. 34.6(e).  Pursuant to Rule 34.6(e)(2), the trial court is directed to settle the dispute, and if it finds any inaccuracies as alleged in Boswell’s objections to the record, the trial court is to direct the court reporter to file any corrections in this court.  The trial court clerk is directed to file a supplemental clerk’s record containing any orders and findings entered by the trial court, and the court reporter is directed to file a supplemental reporter’s record of the hearing.  These records are due to be filed in this court on or before October 1, 2012.  We will reinstate this appeal upon the filing of the supplemental records.

            The appeals are abated.

                                                                                                PER CURIAM

August 31, 2012

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Kalenak, J.