David Wayne Boswell v. State of Texas--Appeal from 220th District Court of Comanche County
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Order filed August 31, 2012 In The Eleventh Court of Appeals __________ Nos. 11-12-00014-CR & 11-12-00015-CR __________ DAVID WAYNE BOSWELL, Appellant V. STATE OF TEXAS, Appellee On Appeal from the 220th District Court Comanche County, Texas Trial Court Cause Nos. CR-03371 & CR-03370 ORDER David Wayne Boswell has filed objections to the reporter s record in this court and contends that there are inaccuracies in the record, including several omissions and an inaccurate account of crucial testimony. The State filed a response and disagrees with Boswell s contentions. Because the parties do not agree on whether the record is accurate and because this court is unable to determine at this time whether the record is accurate, we abate the appeal so that the trial court can conduct a hearing and settle the dispute pursuant to TEX. R. APP. P. 34.6(e). Pursuant to Rule 34.6(e)(2), the trial court is directed to settle the dispute, and if it finds any inaccuracies as alleged in Boswell s objections to the record, the trial court is to direct the court reporter to file any corrections in this court. The trial court clerk is directed to file a supplemental clerk s record containing any orders and findings entered by the trial court, and the court reporter is directed to file a supplemental reporter s record of the hearing. These records are due to be filed in this court on or before October 1, 2012. We will reinstate this appeal upon the filing of the supplemental records. The appeals are abated. PER CURIAM August 31, 2012 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Kalenak, J. 2
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