Ex Parte Adoun Phommivong

• Court: Court of Appeals of Texas
• Decided: May 17, 2016
• Docket: 07-16-00169-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-16-00169-CR

EX PARTE ADOUN PHOMMIVONG

On Appeal from the 251st District Court Potter County, Texas Trial Court No. 64,888-C, Honorable Ana Estevez, Presiding

May 17, 2016

ORDER Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant, Adoun Phommivong, appeals the denial of a writ of habeas corpus

filed under Article 11.072 of the Texas Code of Criminal Procedure. The reporter’s

record was filed on April 26, 2016. Appellant now moves to abate this appeal and

remand the cause to the trial court to resolve alleged inaccuracies in the reporter’s

record pursuant to Appellate Rule 34.6(e)(3). The State has responded and opposes

the motion.

If a dispute arises as to the accuracy of the reporter’s record after it has been

filed in the appellate court, the appellate court may submit the dispute to the trial court for resolution. See TEX. R. APP. P. 34.6(e)(2),(3). Given the permissive language of this

Rule, an appellate court need not submit all such matters to the trial court for resolution.

See Villalva v. State, No. 08-13-00219-CR, 2015 Tex. App. LEXIS 7030, at *7 (Tex.

App.—El Paso July 8, 2015, no pet.) (not designated for publication). Instead,

submission to the trial court is necessary only when there is a substantive dispute

regarding the state of the evidence that might affect our ability to conduct an appellate

review. Id. Appellant has not identified any alleged inaccuracy in the reporter’s record

that might affect our ability to conduct an appellate review.

Accordingly, we deny his motion to abate the appeal. See TEX. R. APP. P.

34.6(e)(3).

Per Curiam

Pirtle, J., dissenting without opinion.

Do not publish.