in the Interest of J.D., a Minor Child
This text of in the Interest of J.D., a Minor Child (in the Interest of J.D., a Minor Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The Court of Appeals Sixth Appellate District of Texas at Texarkana
No. 06-13-00112-CV
IN THE INTEREST OF J.D., A MINOR CHILD
On Appeal from the 5th District Court Cass County, Texas Trial Court No. 97-CS-085
Before Morriss, C.J., Carter and Moseley, JJ. ORDER This is an appeal from an “Order Concerning Community Supervision,” which appears at
its essence to have revoked John Dupree’s community supervision and ordered him imprisoned
until he “purge[s] himself of this revocation” by paying over $34,000.00 to be distributed by the
Cass County Sheriff’s Department toward child support arrears.
The hearing was conducted before Associate Judge Joe Perkins, who evidently also took
on the role of court recorder for the hearing. Counsel for the appellant, Dupree, accordingly
asked Judge Perkins to prepare and file the recorder’s record in this case. Judge Perkins has
responded to the request by informing all parties that the hard drive that contained the record of
the proceeding malfunctioned and that the record of the proceeding has been lost.
The record of the evidentiary hearing that resulted in the revocation of Dupree’s
community supervision was requested and is unavailable in its entirety, and this occurred
through no fault of appellant. Thus, most of the prerequisites of Rule 34.6(f) of the Texas Rules
of Appellate Procedure have been met. TEX. R. APP. P 34.6(f).
Under these cirucmstances, the appellant is entitled to a new trial should he desire it.
However, Rule 34.6(f)(4) provides an alternative that we must first explore. The remaining
question that must be answered is whether the missing recorder’s record can be replaced by
agreement of the parties.
We direct counsel for the parties to confer and to inform this Court by letter whether they
can agree about the replacement of the record as contemplated by Rule 34.6(f)(4). The letter
shall be electronically filed with this Court within ten days of the date of this order.
2 IT IS SO ORDERED.
BY THE COURT
Date: February 6, 2014
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