## NO S
. 12
- 21
- 00239
- CR 12
- 21
- 00240
- CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JOE L LEE GONZALES

, APPELLANT
V.
THE STATE OF TEXAS , APPELLEE §

§

§ APPEAL FROM THE 114TH

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS
PER CURIAM ORDER Appellant , Joel Lee Gonzale s , filed a m otion to abate for correction of in accuracies 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. Dixo n
. According t o Gonzales ’s counsel, her review of volume eight reveal s inaccura cies that exc eed typographical er rors and create confusion

. Counsel asks that the audio recordings of volume eight be delivered to the trial co urt so th at a different certi fie d court reporter may prepare a new trans cription of volu me eight to ensure an accurate reflec tion of the testimon y and evidence presented during th e sentencing phase of tri al. Regarding the correction of inaccur acies in the reporter’s record, t he parties m ay agree to correct an inaccuracy in the r ecord without the reporter’ s recertific ation. T EX

. R. A PP

. P. 34.6(e)( 1). When , as in this case, the dispute arises after the reporter ’ s record has been filed in the a ppellate court, that c ourt may submit the di s pute to the trial court for resolution. T EX

. R. A PP

. 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. T EX

. R

. A PP

. P. 34.6(e) ( 2 ). If the trial
court finds any inaccuracy, it must order the co urt reporter to conform the record , including text and any exhibits , to what occurred in the trial court, and to file certified corrections in theappellate court. Id

. “By written st ipulation f iled with the t ria l court clerk, the parties may agree on the contents of the appellate record.” T EX

. R. A PP

. P

. 34.2. “An agreed r ecord will be presumed to contain all evidence and filings relevant to the appeal.” Id

. Accordingly, It is ORD ERED that t he Ho no r able Austi n R. Jackson shall, in accordance with Texa s Rule of Appellate Procedure 34.6(e)(2), conduct a hearing, on or befo re May 11 , 2 022 , and make written findings of fact as to whether there are any inaccuracies in volume eight of the record and, if any such inac cu racies exist, the corrections to be made

. If th e trial court finds volume eight of the rec ord to be inaccurate , the trial court shall order the court repor ter to conform the reporter’s reco rd to what occurred in the trial court and file certified correc tion s with this Court. It is FURTHER ORDERED that a supplemental clerk’s record including t he trial court’s wri tten findings , along with any supporting docum entation and orders, be certified to this Court on or before May 1 8 , 2022

. It is FURTHER ORDERED tha t the court reporter file a reporter’s recor d of the hearing on or before May 1 8 , 2022

. WITNESS the Honorable JAMES T. WORTHEN , Chief Justice of the Court of Appeals, 12 th 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 M CCLENNY , CLERK