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JOHNSON v. STATE

Nos. PD-894-03, PD-895-03, PD-896-03.

151 S.W.3d 193 (2004)

Keithen Oneal JOHNSON, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

December 8, 2004.

Attorney(s) appearing for the Case

Deborah Ellison Farris, Dallas, for Appellant.

Johanna H. Kubalak, Asst. DA, Dallas, Matthew Paul, State's Atty., Austin, for State.

OPINION

KELLER, P.J., delivered the opinion of the unanimous Court.

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...

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