IN THE

TENTH COURT OF APPEALS

No. 10-18-00159-CR

ANDREW LEE JONES, JR.,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 85th District Court

Brazos County, Texas

Trial Court No. 16-04190-CRF-85

ABATEMENT ORDER

This appeal was abated to the trial court to hold a hearing regarding correcting 

inaccuracies, if any, in the reporter’s record. See TEX. R. APP. P. 34.6(e)(2). After a hearing, 

the reporter’s record was corrected and, as corrected, was filed with this Court on 

December 3, 2018. An exhibit, however, was not filed. The exhibit, offered both as 

Motion to Suppress Exhibit 21 and as State’s Exhibit 4, an in-car video, could not be

 

1 The parties at the abatement hearing and at the motion to suppress hearing refer to this Exhibit as Motion 

to Suppress Exhibit 2. However, it is labeled in the Exhibit volume as Motion to Suppress Exhibit 1. The 

Court lacks the in-car video that was introduced.
Jones v. State Page 2

converted by the reporter to be electronically filed with this Court. 

By order issued on January 2, 2019, the appeal was reinstated, and the reporter 

was ordered to provide the Court with a DVD containing a copy of the in-car video 

admitted into evidence as Motion to Suppress Exhibit 2 and as State’s Exhibit 4 within 14 

days from the date of the Order. The copy was ordered to be in a format that would allow 

the Court to view the video using industry standard video software rather than any type 

of proprietary software. 

The next day, the reporter filed a “corrected” record. With it, Motion to Suppress 

Exhibit 1, an audio-only exhibit, was uploaded into our case-management system, 

TAMES, as Motion to Suppress Exhibit 2. State’s Exhibit 4 (the in-car video) was copied 

onto a CD and sent to the Court.2 The disc was not viewable by the Court. The State 

informed the Court that the disc should be viewable through a computer with Windows 

10. The Court does not use Windows 10. Further, the disc was not viewable on even a 

personal computer with Windows 10.

Accordingly, this appeal is ABATED to the trial court to, within 21 days from the 

date of this Order, oversee the filing of a copy of State’s Exhibit 4 in a format that is 

viewable after it has been uploaded/filed via the clerk/reporter portal into the Court’s 

cases management software, a.k.a. TAMES. If this is functionally impractical to 

accomplish, then the trial court is ordered to oversee the transfer of State’s Exhibit 4 to a 

 

2 The Court was also given a CD of “Motion to Suppress Exhibit 2.” However it is also the audio exhibit 

admitted as Motion to Suppress Exhibit 1, not the in-car video admitted both as Motion to Suppress Exhibit 

2 and State’s Exhibit 4. Because of continuing confusion as to what Motion to Suppress Exhibit 2 should 

contain, this order will only pertain to State’s Exhibit 4.
Jones v. State Page 3

format that is viewable on any modern DVD player or computer drive without any other 

proprietary software and labeled to identify the specific software needed to view the file.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Neill

Appeal abated

Order issued and filed April 17, 2019