Johnson v. State

MEMORANDUM OPINION

Memorandum Opinion by

Justice Contreras

Appellant David Johnson Sr. has appealed his conviction for sexual assault following the revocation of his community supervision. See Tex. Penal Code Ann. § 22.011 (West, Westlaw through 2015 R.S.).1 We conclude that appellant is entitled to a new trial because a significant portion of the court reporter’s record has been lost or destroyed, without any fault by appellant, and that portion of the record is necessary to the appeal’s resolution. See Tex. R. App. P. 34.6(f). Accordingly, we reverse and remand for a new trial.

I. Lost or…