Motions Granted and Abatement Order filed June 21, 2018 

In The

Fourteenth Court of Appeals

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NO. 14-17-00932-CR

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SANDRA JEAN MELGAR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 1435566

ABATEMENT ORDER

Appellant was convicted of murder. The reporter’s record contains 26 

volumes. Appellant asserts the reporter’s record is deficient in several respects. 

Among the reported deficiencies are: several exhibits are missing, other exhibits are 

incomplete, and the transcript at times incorrectly attributes questioning to the 

prosecutor rather than appellant’s lawyer. 

Texas Rule of Appellate Procedure 34.6(e) establishes the procedure to 

address inaccuracies in the reporter’s record. Subparagraph (e)(3) states:
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(3) Correction After Filing in Appellate Court. If the dispute [regarding 

the alleged inaccuracies] arises after the reporter’s record has been filed 

in the appellate court, that court may submit the dispute to the trial court 

for resolution. The trial court must then proceed as under subparagraph 

(e)(2).

Tex. R. App. P. 35.6(e)(3). Subparagraph (e)(2), in turn, states:

(2) Correction of Inaccuracies by Trial Court. If the parties cannot agree 

on whether or how to correct the reporter’s record so that the text 

accurately discloses what occurred in the trial court and the exhibits are 

accurate, the trial court must—after notice and hearing—settle the 

dispute. If the court finds any inaccuracy, it must order the court 

reporter to reform the reporter’s record (including text and any exhibits)

to what occurred in the trial court, and to file certified corrections in the 

appellate court.

Tex. R. App. P. 34.6(e)(2).

Appellant filed a motion under Rule 34.6(d) and (e)(3) asking us to direct the 

trial court to conduct a hearing to resolve inaccuracies in the record and require 

supplementation of the record. The motion has been on file for more than 10 days, 

and no response has been filed. Appellant has also filed a motion to extend time to 

file her brief pending resolution of the issues regarding the reporter’s record. 

We GRANT both motions and order as follows:

1. The trial court shall conduct a hearing to determine whether the reporter’s 

record, both text and exhibits, accurately discloses what occurred in the 

trial court. 

2. If the trial court finds any inaccuracy, it shall order the court reporter to 

conform the reporter’s record (including text and any exhibits) to what 

occurred in the trial court and to file certified corrections in this court.

3. The trial court shall reduce its findings to writing and have a supplemental 

clerk’s containing those findings and any orders made filed with this court.

The supplemental clerk’s record is due by August 20, 2018. 

4. The appeal will be reinstated after the supplemental clerk’s record is filed.
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5. If the trial court orders the court reporter to conform the reporter’s record:

a. the reporter’s record will be due 30 days after the appeal is 

reinstated; and

b. appellant’s brief will be due 30 days after the record is filed.

6. If the trial court does not order the court reporter to conform the reporter’s 

record, appellant’s brief will be due 30 days after the appeal is reinstated. 

The appeal is abated, treated as a closed case, and removed from this court’s 

active docket. The appeal will be reinstated on this court’s active docket when the 

supplemental clerk’s record is filed in this court. The court will also consider an 

appropriate motion to reinstate the appeal filed by either party, or the court may 

reinstate the appeal on its own motion. It is the responsibility of any party seeking 

reinstatement to request a hearing date from the trial court and to schedule a hearing 

in compliance with this court’s order. If the parties do not request a hearing, the court 

coordinator of the trial court shall set a hearing date and notify the parties of such 

date.

PER CURIAM