Joshua Green v. State ( 2012 )

Chief Justice Court ofAppeals Clerk Josh R. Morriss, III Sixth Appellate District DEBRA K. Autrey Justices State of Texas Bi-State Justice Building Jack Carter 100 North State Line Avenue #20 Texarkana, Texas 75501 Bailey C. Moseley (903) 798-3046 December 18, 2012 Hon. Leon F. Pesek Jr. Hon. Jason L. Horton Judge, 202nd Judicial District Horton Law Firm 100 N State Line, #10 POBox 1596 Texarkana, TX 75501 Texarkana, TX 75504 Hon. Lauren Sutton Assistant District Attorney 601 Main St Texarkana, TX 75501 RE: Appellate Case Number: 06-12-00127-CR Trial Court Case Number: 12F0172-102 Style: Joshua Green v. The State of Texas Enclosed is this Court's Order rendered this date in the referenced proceeding. Respectfully submitted, Debra K. Autrey, Clerk By. Deputy cc: Billy Fox In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-12-00127-CR JOSHUA GREEN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 102nd District Court Bowie County, Texas Trial Court No. 12F0172-102 Before Morriss, C.J., Carter and Moseley, JJ. ORDER Joshua Green appeals from his conviction for sexual assault of a 'child. Appellant's counsel has informed this Court that State's Exhibit 2 from a pretrial suppression hearing is missing. Counsel states that he has contacted the district clerk, district attorney, and court reporter and that none have the exhibit in their possession: a video recording of appellant's interactions with police in connection with his alleged waiver of his constitutional rights. The reporter's record has a photocopy of the disc, but its contents were evidently not recorded by the reporter for transcription. We abate this appeal to the trial court pursuant to Rule 34.6(f) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 34.6(f). The trial court is to conduct a hearing and determine whether the missing portion of the record is lost, and, if so, whether it can be replaced by agreement of the parties. The hearing shall be conducted by the trial court within twenty days of the date of this order, that is, on or before January 7, 2013. The trial court's findings concerning the above matters shall be provided in a supplemental clerk's record. The supplemental clerk's record and the reporter's record of that hearing shall be prepared immediately and shall be received by this Court no later than January 22, 2013. No extensions will be granted. All appellate timetables are stayed pending further notice of this Court. IT IS SO ORDERED. KLEJ^ BY THE COURT r>r 16 2012- Date: December 18, 2012