11th Court of Appeals

Eastland, Texas

Opinion

Calvin C. Sears, Jr.

            Appellant

Vs.                  No. 11-04-00007-CR -- Appeal from Palo Pinto County

State of Texas

            Appellee

            On March 5, 2004, the trial court conducted a hearing and determined that Calvin C. Sears, Jr. timely requested the reporter’s record, that a significant portion of the record had been lost or destroyed without any fault on Sears’s behalf, that the lost portion was significant to the resolution of the appeal, and that the lost portion of the record could not be replaced by agreement of the parties. Pursuant to TEX.R.APP.P. 34.6(f), Sears is entitled to a new trial under these circumstances.

            The judgment of the trial court is reversed, and the cause is remanded to the trial court for a new trial.

                                                                                    PER CURIAM

April 8, 2004

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.