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664 S.W.2d 131

Carter v. State

Court of Appeals of Texas

Decided November 30, 1983

Court of Appeals of Texas · decided 1983-11-30

Cited by 2 later decisions — most recently January 1986

2 state decisions

Relies on Timmons v. State · Cartwright v. State · Gamble v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-11-30

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¶1OPINION

YOUNG, Justice.

¶2This is an appeal from a conviction of driving while intoxicated. After trial by jury, the court assessed punishment at 30 days confinement in the Cameron County Jail and a fine of $250.00. Notice of appeal was given in open court.

¶3In his sole ground of error, appellant contends that the trial court erred in forcing appellant to trial without having a court reporter present to transcribe the opening arguments, testimony, and closing arguments. The State agrees that reversible error was committed.

¶4The record before this court contains the transcript and a four-page statement of facts. The record shows that the trial court called the case and both sides announced ready. The court then informed both sides that the court reporter had obligations in another court and that the case would proceed without a court reporter. Both the State and appellant objected to proceeding. The court reporter then left the courtroom.

¶5Appellant has been denied a transcription of the court reporter’s notes. He need not show harm to gain a reversal. Gamble v. State, 590 S.W.2d 507 (Tex.Cr.App.1979); Timmons v. State, 586 S.W.2d 509 (Tex.Cr.App.1979); Ex parte Jones, 562 S.W.2d 469 (Tex.Cr.App.1978); Cartwright v. State, 527 S.W.2d 535 (Tex.Cr.App.1975). The judgment of the trial court is REVERSED, and the cause REMANDED for a new trial.

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