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Raul Lopez v. the State of Texas
Citation: Not availableDocket: 13-22-00230-CR
Court: Court of Appeals of Texas; October 18, 2022; Texas; State Appellate Court
Original Court Document: View Document
The Court of Appeals for the Thirteenth District of Texas has issued an Order of Abatement in the case of Raul Lopez v. The State of Texas. The court reporter, Reena Briones, has reported her inability to file exhibits SX-340 and SX-341 due to them being password protected. Despite attempts to obtain the password from the District Attorney’s office, Briones has been unsuccessful. Additionally, she attempted to file original exhibits SX-9 and SX-224, but the appellate rules require the submission of copies rather than originals. To address these issues and prevent further delays, the court has decided to abate the appeal and remand the case to the trial court. The trial court is instructed to hold a hearing to determine if any part of the reporter’s record is missing or inaccessible and to make findings under Texas Rule of Appellate Procedure 34.6(f) if necessary. The trial court must also take action to ensure the prompt preparation of the exhibit volume and issue any orders needed to preserve the parties' rights. Furthermore, the court has highlighted that the Uniform Format Manual for Texas Reporters’ Records prohibits password-protected files and permits recordings to be split into multiple files. The trial court's findings and any orders must be included in a supplemental clerk’s record, and a supplemental reporter’s record of the proceedings is to be prepared. Both records are to be filed with the Clerk of the Court within thirty days from the date of this order, which was delivered on October 18, 2022. The order is not to be published.