Order entered December 5, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01416-CR
ALEXANDER ROBERSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause No. F12-58374-H
ORDER
Before the Court is appellant’s December 2, 2014 motion to abate the appeal and to
remand the case to the trial court to complete the reporter’s record. In his motion, appellant
states that most evidentiary objections and rulings during appellant’s trial occurred in
conferences at the bench in order to prevent the jury from hearing about an earlier mistrial in the
case. Appellant further states that trial counsel requested that the court reporter record the bench
conferences. The reporter’s record, however, does not include a transcription of the bench
conferences. Appellant requests an abatement so that the trial court might determine whether the
appellate record can be supplemented with a record of the bench conferences.
We GRANT appellant’s motion.
We ORDER the trial court to make findings of fact regarding whether the record on
appeal can be supplemented with a record of the bench conferences conducted during appellant’s
trial. If the trial court determines that the record can be supplemented with the bench
conferences, the trial court shall determine the name and address of the court reporter who will
prepare the supplemental reporter’s record and determine the earliest date by which the
reporter’s record can be filed.
We ORDER the trial court to transmit to this Court a supplemental clerk’s record,
containing the written findings of fact, any recommendations, any supporting documentation,
and any orders within THIRTY DAYS of the date of this order.
We further note that the appellate record in this case does not contain a certification from
the trial court showing appellant’s right to appeal. See TEX. R. APP. P. 25.2(d). We ORDER the
trial court to prepare and file a certification of the right to appeal to include within the
supplemental clerk’s record.
This appeal is ABATED to allow the trial court to comply with this order. The appeal
shall be reinstated thirty days from the date of this order or when the supplemental record is
received, whichever is earlier.
/s/ LANA MYERS
JUSTICE
Alexander Roberson v. State
Combined Opinion