CARLOS CADRIEL v. THE STATE OF TEXAS--Appeal from 398th District Court of Hidalgo County

NUMBER 13-04-392-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________ _________________

CARLOS CADRIEL, Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________ _________________________

On appeal from the 398th District Court

of Hidalgo County, Texas

_ __________________________________ ___________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam

Appellant, CARLOS CADRIEL, perfected an appeal from a judgment entered by the 398th District Court of Hidalgo County, Texas. On March 10, 2006, this Court granted the parties= joint motion to abate the appeal. The appeal was abated and the case was remanded to the trial court to make findings on these issues: 1) if, without the appellant=s fault, a significant portion of the court reporter=s notes and records have been lost or destroyed or B if the proceedings were electronically recorded B a significant portion of the recording has been lost or destroyed or is inaudible; 2) if the lost, destroyed, or inaudible portion of the reporter=s record is necessary to the appeal=s resolution; and 3) if the lost, destroyed, or inaudible portion of the reporter=s record cannot be replaced by agreement of the parties.

The trial court=s findings and recommendations were received and filed in this Court on May 8, 2006. The trial court found that based upon the inability of the court reporter to produce a complete record in this case and the inability of the parties to agree upon the absent proceedings, a new trial should be granted in this matter.

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

PER CURIAM

Do not publish.

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

Memorandum Opinion delivered and

filed this the 20th day of July, 2006.