Dominic Raul Sanchez v. State

Opinion

Order entered February 8, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-12-01565-CR

DOMINIC RAUL SANCHEZ, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 2 Dallas County, Texas

Trial Court Cause No. F-10-53887-I

ORDER

The Court has before it appellant’s motion to abate. Appellant asserts the reporter’s

record is missing a transcript of a December 10, 2010 hearing that culminated in his receiving deferred adjudication and ten years’ community service. Appellant asserts the official court reporter for Criminal District Court No. 2 did not record the hearing and does not know who recorded such hearing. We GRANT appellant’s motion to abate.

We ORDER the trial court to conduct a hearing to determine: (1) if the hearing held on December 10, 2010 was recorded; (2) if so recorded, by whom and can a record of the hearing be prepared; (3) if not, was appellant at fault for the record not being prepared for the hearing; and (4) whether the parties can agree on a substituted reporter’s record.

We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this court within THIRTY DAYS from the date of this order.

This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE