McKane, Otis T. ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. AP-77,103
OTIS T. MCKANE, Appellant
v.
THE STATE OF TEXAS
ON DIRECT APPEAL FROM CAUSE NO. 2017CR1505
IN THE 379 TH DISTRICT COURT
BEXAR COUNTY
Per curiam.
ORDER
The above-styled and numbered cause is pending before this Court as a result of
Appellant’s capital murder conviction and resulting sentence of death in the 379 th District
Court of Bexar County, Cause No. 2017CR1505, styled The State of Texas v. Otis Tyrone
McKane. On May 25, 2022, Appellant filed in this Court a motion to abate this cause.
In his motion, Appellant asserts that “the trial court had conversations in Spanish
with venirepersons” when it “conducted general voir dire and heard exemptions and
qualifications for the venire panel.” Appellant requests this Court to “abate this appeal so
McKane – 2
that these Spanish portions of the reporter’s record may be transcribed into English and
included in the record of this case.” We deny this request because Appellant is not
entitled to have general assembly voir dire information included in the reporter’s record.
See Chambers v. State, 903 S.W.2d 21, 31 (Tex. Crim. App. 1995) (holding that a trial
court did not abuse its discretion in failing to direct its court reporter to record the
questioning of prospective jurors in the general assembly).
Appellant also complains that the reporter’s record does not contain the transcript
of a “motion hearing” that occurred on March 3, 2019.1 Because the trial court is in a
better position to determine the accuracy of the record, we abate the appeal and remand
this cause to the trial court to resolve this particular issue. The trial court is directed to
make findings of fact regarding whether or not a motion hearing occurred on March 3,
2019 that should have been included in the reporter’s record. If the hearing has been
omitted from the reporter’s record, then the trial court shall direct the court reporter to
prepare, certify, and file in this Court a supplemental record containing the hearing
transcript. See T EX. R. A PP. P. 34.6(d).
The findings shall be made and any necessary supplements shall be filed within 30
days of the date of this order. Appellant’s brief will be due in this Court within 30 days
thereafter.
1
The clerk’s record indicates: “hearing held on [motion for] court order to preclude
State from invading [Defendant’s] 6th Amendment zone of privacy and in camera court review of
fruits of search – motion granted.”
McKane – 3
IT IS SO ORDERED THIS THE 20TH DAY OF JULY, 2022.
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