Roberto Gonzalez A/K/A Ruperto Gonzalez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 15, 2023
• Docket: 03-21-00104-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00104-CR

Roberto Gonzalez a/k/a Ruperto Gonzalez, Appellant

v.

The State of Texas, Appellee

FROM THE 421ST DISTRICT COURT OF CALDWELL COUNTY NO. 18-081, THE HONORABLE CHRIS SCHNEIDER, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant Roberto Gonzalez a/k/a Ruperto Gonzalez is appealing his judgment of

conviction and sentence for first-degree murder. In part, appellant contends that the trial court

erred by admitting into evidence at his sentencing hearing a constitutionally inadequate

translation of statements he made during an interview with law enforcement. An audiovisual

recording of the interview was also admitted into evidence during the hearing. However, the

copy of the exhibit before the Court is inaudible.

Because appellant challenges the constitutional adequacy of the translation of

statements made during the interview, we consider the recording necessary to this appeal’s

resolution. See Tex. R. App. P. 34.6(f)(3). We therefore abate the appeal and remand the

proceeding to the trial court to allow it to determine whether the exhibit can be replaced either by agreement of the parties or with an audible copy accurately duplicating with reasonable certainty

the original exhibit. See id. 34.6(f)(4). A supplemental reporter’s record containing the trial

court’s determination as well as an audible copy of the exhibit, if available, shall be filed with

this Court by March 17, 2023. This appeal will be reinstated after the supplemental reporter’s

record is filed.

It is so ordered on February 15, 2023.

Before Justices Baker, Smith, and Theofanis

Abated and Remanded

Filed: February 15, 2023

Do Not Publish