JUAN VILLARREAL v. THE STATE OF TEXAS--Appeal from 370th District Court of Hidalgo County

NUMBER 13-04-270-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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JUAN VILLARREAL, Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the 370th District Court

of Hidalgo County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Ya ez, and Garza

Memorandum Opinion Per Curiam

Appellant, JUAN VILLARREAL, perfected an appeal from a judgment entered by the 370th District Court of Hidalgo County, Texas, in cause number CR-0875-96-G. On December 9, 2004, this cause was abated, and the trial court was directed to conduct a hearing to determine the status of the appellate record. The trial court s findings and recommendations were received on January 14, 2005. The trial court found that the entire reporter s record pertaining to this trial has been destroyed; that the destroyed portion of the reporter s record is necessary to the resolution of appellant s appeal; that the destroyed portion of the reporter s record cannot be replaced by agreement of the parties; and, based on Tex. R. App. P. 34.6(f), appellant is entitled to a new trial under the facts of this case.

The Court, having considered the documents on file and the trial court s findings and recommendations, is of the opinion that this matter should be reversed and remanded to the trial court for a new trial. The judgment of the trial court is REVERSED and the cause is REMANDED to the trial court for a new trial.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed this

the 3rd day of March, 2005.