NOS. 12-21-00239-CR

12-21-00240-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JOEL LEE GONZALES, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

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APPEAL FROM THE 114TH 

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

PER CURIAM ORDER

Appellant, Joel Lee Gonzales, filed a motion to abate for correction of inaccuracies in 

volume eight of the reporter’s record. He states that volume eight, which consists of the 

sentencing phase of trial, was prepared by Beverly E. Dixon. According to Gonzales’s counsel, 

her review of volume eight reveals inaccuracies that exceed typographical errors and create 

confusion. Counsel asks that the audio recordings of volume eight be delivered to the trial court 

so that a different certified court reporter may prepare a new transcription of volume eight to 

ensure an accurate reflection of the testimony and evidence presented during the sentencing

phase of trial.

Regarding the correction of inaccuracies in the reporter’s record, the parties may agree to 

correct an inaccuracy in the record without the reporter’s recertification. TEX. R. APP. P.

34.6(e)(1). When, as in this case, the dispute 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. TEX. R.

APP. P. 34.6(e)(3). If the parties cannot agree on whether or how to correct the record, the trial 

court must--after notice and hearing--settle the dispute. TEX. R. APP. P. 34.6(e)(2). If the trial 

court finds any inaccuracy, it must order the court reporter to conform the record, including text 

and any exhibits, to what occurred in the trial court, and to file certified corrections in the 
appellate court. Id. “By written stipulation filed with the trial court clerk, the parties may agree 

on the contents of the appellate record.” TEX. R. APP. P. 34.2. “An agreed record will be 

presumed to contain all evidence and filings relevant to the appeal.” Id. 

Accordingly,

It is ORDERED that the Honorable Austin R. Jackson shall, in accordance with Texas 

Rule of Appellate Procedure 34.6(e)(2), conduct a hearing, on or before May 11, 2022, and 

make written findings of fact as to whether there are any inaccuracies in volume eight of the 

record and, if any such inaccuracies exist, the corrections to be made. If the trial court finds 

volume eight of the record to be inaccurate, the trial court shall order the court reporter to 

conform the reporter’s record to what occurred in the trial court and file certified corrections 

with this Court. 

It is FURTHER ORDERED that a supplemental clerk’s record including the trial court’s 

written findings, along with any supporting documentation and orders, be certified to this Court 

on or before May 18, 2022.

It is FURTHER ORDERED that the court reporter file a reporter’s record of the hearing 

on or before May 18, 2022.

WITNESS the Honorable JAMES T. WORTHEN, Chief Justice of the Court of Appeals, 

12th Court of Appeals District of Texas, at Tyler.

GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this the 

11th day of April 2022, A.D. 

_________________________________

KATRINA MCCLENNY, CLERK