Motion Granted and Abatement Order filed February 14, 2019 In The Fourteenth Court of Appeals ____________ NO. 14-18-00602-CR ____________ SANTOS ARIEL DOMINGUEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 338th District Court Harris County, Texas Trial Court Cause No. 1524585 ABATEMENT ORDER Appellant filed a motion to abate this appeal and remand to the trial court for a hearing concerning the portions of the reporter’s record that are allegedly lost or destroyed. The motion states appellant’s plea hearing was transcribed, but the court reporter notified appellant’s counsel she does not have a transcript of that hearing. The motion has been on file for more than 10 days, and no response has been filed. Rule 34.6(f) of the Texas Rules of Appellate Procedure provides that an appellant is entitled to a new trial under the following circumstances: (1) if the appellant timely requested a reporter’s record; (2) if, without the appellant’s fault, a significant exhibit or a significant portion of the court reporter’s notes and records has been lost or destroyed or—if the proceedings were electronically recorded—a significant portion of the recording has been lost or destroyed or is inaudible; (3) if the lost, destroyed, or inaudible portion of the reporter’s record, or the lost or destroyed exhibit, is necessary to the appeal’s resolution; and (4) if the lost, destroyed or inaudible portion of the reporter’s record cannot be replaced by agreement of the parties, or the lost or destroyed exhibit cannot be replaced either by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit. Tex. R. App. P. 34.6(f). Accordingly, the trial court is directed to conduct a hearing to determine the following: (1) whether appellant timely requested a reporter’s record; (2) whether, without the appellant’s fault, significant portions of the record have been lost or destroyed or—if the proceedings were electronically recorded—a significant portion of the recording has been lost or destroyed or is inaudible; (3) whether the lost or destroyed portions of the record are necessary to appellant’s appeal; and (4) whether the parties can agree on replacement of the portions of the record. The court is directed to reduce its findings to writing and to have a supplemental clerk’s record containing those findings filed with the clerk of this court, together with a reporter’s record from the hearing, by March 18, 2019. The appeal is abated, treated as a closed case, and removed from this court’s active docket. The appeal will be reinstated on this court’s active docket when the trial court’s findings and recommendations are filed in this court. The court will also 2 consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing in compliance with this court’s order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date. PER CURIAM 3