












 
 
 
 
 
 
                             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Do not publish.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.
 

