Johnson v. State

OPINION

When a court reporter fails or refuses to comply with the deadlines for filing the reporter’s record, does an appellate court properly conclude that the appellate record is “lost or destroyed” for the purpose of Texas Rule of Appellate Procedure 34.6(f)? The answer is “no.” Consequently, we will reverse the judgment of the Court of Appeals.

I. BACKGROUND

Appellant was convicted of various offenses and placed on probation. His pro-bations were later revoked, and he appealed. Although appellant timely requested the preparation of the record, the court reporter failed to prepare and file…