Shelby Paul Simmons v. The State of Texas--Appeal from County Court of Hardin County (majority)
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00150-CR _________________ SHELBY PAUL SIMMONS, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the County Court Hardin County, Texas Trial Cause No. 57187 ________________________________________________________________________ MEMORANDUM OPINION We withdraw our Order of October 20, 2011, which abated the appeal and remanded the case to the trial court. We reinstate the appeal. Shelby Paul Simmons appealed his conviction in Trial Cause No. 57187. The court reporter certified that the recording of the jury voir dire could not be accurately transcribed due to the poor quality of the recording. We remanded the case to the trial court for a determination of whether the recording of the jury voir dire is inaudible, and if so, whether the record may be accurately transcribed using amplification and noise 1 filtering software. The parties subsequently filed an agreed motion to remand the case for a new trial. Accordingly, we grant the motion, reverse the trial court s judgment without reference to the merits, and remand the case to the trial court for a new trial. See Tex. R. App. P. 43.2(d). REVERSED AND REMANDED. ________________________________ DAVID GAULTNEY Justice Opinion Delivered December 21, 2011 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ. 2
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