in Re Stephen Louis Hartman

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00579-CR ____________________

IN RE STEPHEN LOUIS HARTMAN

_______________________________________________________ ______________

On Appeal from the County Court at Law No. 2 Orange County, Texas Trial Cause No. E-105897 ________________________________________________________ _____________

ORDER

Relator Stephen Louis Hartman filed a petition seeking a writ of mandamus

to compel the trial court (a) to permit Hartman’s attorney to listen to a portion of

an audio recording which is the subject of this mandamus, (b) to tender the

contested portion of the audio recording for this Court to review in consideration of

his petition for writ of mandamus, or (c) to order the audio recording produced to

Relator’s attorney. This Court has reviewed the petition, responses filed thereto,

the audio recording, and the record. The trial court’s ruling at issue in this mandamus was not reduced to writing,

and the basis for the trial court’s ruling is unclear from the record. Consequently,

we abate the mandamus proceeding and direct the trial court to review the entire

audio recording of May 28, 2013 from the 252nd District Court as reflected on the

jump drive provided to this Court. The trial court shall then reduce its ruling to a

written order. With respect to its ruling, we direct the trial court to enter findings

and conclusions that explain the legal basis for its rulings, including, but not

limited to, whether the withheld portion of the audio recording contains or does not

contain exculpatory or impeachment evidence.

ORDER ENTERED February 6, 2014.

PER CURIAM

Before McKeithen, C.J., Horton and Johnson, JJ.