Roy Guzman Jr. AKA Roy Junior Guzman v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 7, 2022
• Docket: 13-22-00477-CR
• Status: Published

Opinion

NUMBERS 13-22-00477-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

ROY GUZMAN JR., Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 38th District Court of Medina County, Texas.

ORDER OF ABATEMENT

Before Chief Justice Contreras and Justices Benavides and Tijerina Order Per Curiam

This appeal is before the Court on appellant’s motion to supplement the reporter’s

record and to extend time to file appellant’s brief. Texas Rule of Appellate Procedure

34.6(d),(e)(3) provides that if anything relevant is omitted, the reporter’s record may be

supplemented and that any dispute regarding inaccuracies may be submitted to the trial court.

Therefore, this appeal is abated and the cause remanded to the trial court. Upon

remand, the judge of the trial court shall determine and issue findings and conclusions

of (1) whether anything was omitted from the reporter’s record. See

34.6(e). Furthermore, the trial court shall determine what steps are necessary to

ensure the prompt preparation of a complete reporter’s record and shall enter any

orders required to avoid further delay and to preserve the parties’ rights.

Therefore, appellant’s motion to supplement the reporter’s record is carried with

the case, and the trial court shall prepare and file its findings and orders and cause

them, along with any omitted items, to be included in a supplemental clerk’s record

which should be submitted to the Clerk of this Court within thirty days from the date of

this order. Furthermore, the motion to extend time to file appellant’s brief is granted

and appellant’s brief is ordered due on or before forty-five days after the trial court

findings are submitted to this court.

PER CURIAM

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed on the 7th day of December, 2022.