NO. 07-12-0238-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C NOVEMBER 30, 2012 ______________________________

JASMINE N. FRANCIS, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 137[TH] DISTRICT COURT OF LUBBOCK COUNTY; NO. 2012-434,263; HONORABLE JOHN J. "TREY" McCLENDON, JUDGE _______________________________ Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

CONCURRING OPINION I agree with the Court's decision to remand this cause for further proceedings consistent with the order on abatement and remand; however, I write separately to express my opinion that requiring the filing of a reporter's record unnecessarily takes the reporter away from other official duties, adds to the cost of the proceeding, and potentially delays ultimate resolution of this matter. If the proceedings should become relevant, the official court reporter can subsequently be directed to prepare, certify, and file in this Court a supplemental record. Tex. R. App. P. 34.6(d).

Patrick A. Pirtle Justice

Do not publish.