Full Opinion

In The Court of Appeals Seventh District of Texas at Amarillo No. 07-26-00111-CR JOE BOB WILCOXSON, JR., APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 30th District Court Wichita County, Texas Trial Court No. DC30-CR2025-0618, Honorable Jeff McKnight, Presiding September 30, 2026 ORDER OF ABATEMENT AND REMAND Before PARKER, C.J., and DOSS and YARBROUGH, JJ. Appellant, Joe Bob Wilcoxson, Jr., appeals his conviction for possession of a controlled substance in a drug free zone1 and sentence to fifty years of confinement.2 Pending before the Court is “Appellant’s Emergency Motion to Compel Production of Un- redacted Reporter’s Record, to Correct Inaccuracies and Omissions in the Reporter’s 1 See TEX. HEALTH & SAFETY CODE § 481.134. 2 Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE § 73.001. Record, and Alternatively, to Abate the Appeal and Appoint a Neutral Judge.” Therein, Appellant contends that the reporter’s record contains material inaccuracies and omissions. He requests remand for correction of the record or, alternatively, a new trial, and asks this Court to appoint a new trial judge for any hearing on remand. Rule of Appellate Procedure 34.6(e) prescribes the procedure for correcting inaccuracies in the reporter’s record. Under Rule 34.6(e), the parties may agree to correct an inaccuracy in the reporter’s record, including an exhibit, without recertification by the court reporter. TEX. R. APP. P. 34.6(e)(1). If the parties cannot agree, however, the trial court must settle the dispute upon notice and hearing. TEX. R. APP. P. 34.6(e)(2). If the trial court finds an inaccuracy, it must order the court reporter to conform the reporter’s record, including the text and any exhibits, to what occurred in the trial court and to file certified corrections in the appellate court. TEX. R. APP. P. 34.6(e)(2). When a dispute arises after the reporter’s record has been filed in the appellate court, the appellate court may submit the dispute to the trial court for resolution. TEX. R. APP. P. 34.6(e)(3). Only when the reporter’s record has been lost or destroyed and cannot be replaced or reconstructed by agreement of the parties, the appellant is entitled to a new trial. TEX. R. APP. P. 34.6(f). In his motion, Appellant identifies alleged inaccuracies and omissions in the reporter’s record that he contends are material to the appeal. The State disputes those allegations and, in its response, submitted an affidavit from the court reporter stating that she has reviewed the audio recordings of the relevant hearing and that the recordings are consistent with the prepared transcript. We abate this appeal and remand the cause to the trial court to resolve the dispute pursuant to Rule of Appellate Procedure 34.6(e)(2). 2 Appellant’s request to a appoint a new judge to preside over the proceedings on remand is denied. Accordingly, the trial court shall provide notice and conduct a hearing by whatever means it deems appropriate to determine whether the reporter’s record accurately reflects what occurred in the trial court. If the trial court finds any inaccuracy, it shall order the court reporter to conform the reporter’s record to what occurred in the trial court and to file certified corrections with this Court. The trial court shall also order preparation and filing of any supplemental clerk’s record, supplemental reporter’s record, or other findings necessary to resolve the dispute. All supplemental records and findings shall be filed with this Court on or before October 30, 2026. It is so ordered. Per Curiam Do not publish. 3