Jorge Y. Trevino v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-95-00589-CR Jorge Y. Trevino, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BLANCO COUNTY, 33RD JUDICIAL DISTRICT NO. 368, HONORABLE CLAYTON E. EVANS, JUDGE PRESIDING PER CURIAM On June 26, 1987, appellant pleaded guilty to an indictment accusing him of indecency with a child. After finding that the evidence substantiated appellant's guilt, the district court deferred further proceedings without adjudicating guilt and placed appellant on probation for ten years. On August 14, 1995, the district court revoked probation on the State's motion, adjudicated appellant guilty, and assessed punishment at imprisonment for fifteen years and a $1000 fine. In lieu of a brief, appellant has filed a motion for new trial because the court reporter's notes from the June 1987 guilty plea proceeding cannot be found. Kirby v. State, 883 S.W.2d 669 (Tex. Crim. App. 1994); Tex. R. App. P. 50(e). In its response to the motion, the State concedes that appellant is entitled to a new trial under the circumstances. Appellant's motion for new trial is granted. The judgment of conviction is reversed and the cause is remanded to the district court for a new trial. Before Chief Justice Carroll, Justices Jones and B. A. Smith Reversed and Remanded Filed: November 15, 1995 Do Not Publish