Lawanda Lashae Woods v. State

• Court: Court of Appeals of Texas
• Decided: May 25, 2000
• Docket: 13-99-00372-CR
• Status: Published

Opinion

NUMBER 13-99-372-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

LAWANDA LASHAE WOODS , Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________________________________________

On appeal from the 24th District Court

of Jackson County, Texas.

____________________________________________________________________

OPINION

Before Justices Hinojosa, Chavez, and Yañez

Per Curiam

Appellant Lawanda Lashae Woods was found to have violated the terms and conditions of her community supervision and was found guilty of aggravated robbery. Her convict ion followed her certification to stand trial as an adult and the transfer of jurisdiction to the criminal court.

On April 24, 2000, appellant filed a motion⁽¹⁾ in this Court asking for a new trial wherein she asserts that the reporter's record from the certification hearing is unavailable because a substantial portions of the recording of that hearing is inaudible. The motion is supported by affidavits from appellant's attorney, counsel for appellant's co-defendant, and the court reporter for the court where the certification hearing occurred. The State has not responded to this motion.

If, without the appellant's fault, a significant portion of the electronic recording of court proceedings is inaudible, and the inaudible portion is necessary to the appeal's resolution, the appellant is entitled to a new trial. Tex. R. App. P. 34.6(f). An order certifying a juvenile defendant to stand trial as an adult and transferring the defendant to a criminal court is subject to appeal. Tex. Code Crim. Proc. Ann. Art. 44.47(a) (Vernon Supp. Pamph. 2000). The appropriate time for this appeal is after conviction on the offense for which the defendant was transferred to criminal court. Tex. Code Crim. Proc. Ann. Art. 44.47(b) (Vernon Supp. Pamph. 2000).

We hold that without any fault of the appellant, a substantial portion of the electronic recording from the certification hearing in this case is inaudible, and that the inaudible portion is necessary to resolution of the appeal. Therefore, we reverse the judgment of the trial court and remand for a new trial.

Do not publish.

Tex. R. App. P. 47.3.

Order delivered and filed this

the 25^th day of May, 2000 .

1. Perhaps the better practice would be to present such an argument as an issue in the appellate brief. Nevertheless, in the interests of efficiency and economy, we consider the issue under appellant's motion.