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ORTIZ v. STATE

No. 04-91-00704-CR.

862 S.W.2d 170 (1993)

Avelino ORTIZ, Jr., Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

September 15, 1993.

Attorney(s) appearing for the Case

Wallace W. Canales, Alice, for appellant.

Richard C. Terrell, Dist. Atty., Alice, for appellee.

Before REEVES, C.J., and BUTTS and RICKHOFF, JJ.

OPINION

REEVES, Chief Justice.

Appellant seeks reversal of his felony conviction because part of the trial record has been lost or destroyed through no fault of his own. The State asserts, however, that appellant waived his right to appeal because appellant absconded after his conviction even though he was in custody at the time of his sentencing. We agree with appellant but disagree with the State. Appellant's cause is reversed and remanded.

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