Polasek v. State

In Polasek v. State, 16 S.W.3d 82 (Tex. App.--Houston [1st Dist.] 2000, pet. ref'd), the appellant contended that, pursuant to Rule 13.1(a), the trial court fundamentally erred when it failed to require the presence of a court reporter to record voir dire proceedings, even though appellant did not request a court reporter and failed to object when the proceedings took place without a court reporter. Polasek, 16 S.W.3d at 88. The Court held that the proper rule to be applied in such a case is stated in section 52.046(a) of the Government Code, which provides that: (a) On request, an official court reporter shall: (1) attend all sessions of the court; (2) take full shorthand notes of oral testimony offered before the court, including objections made to the admissibility of evidence, court rulings and remarks on the objections, and exceptions to the rulings; TEX. GOV'T CODE ANN. 52.046(a) (Vernon 1998); Polasek, 16 S.W.3d at 89. The Court construed the statute to demand that "an appellant who claims error based on a failure to record court proceedings must preserve error by establishing, at a minimum, that a record was requested." Polasek, 16 S.W.3d at 88-89.