Bond v. State
In Bond v. State, 694 S.W.2d 622, 623 (Tex App.--Beaumont 1985, pet. ref'd), the Court of Appeals reversed the conviction because the court reporter could not take notes during part of the State's closing argument because the prosecutor was speaking too quickly for the reporter's ability.
It was later found that the tape was faulty and did not record the argument. Ibid.
The question in the case was whether the defendant had failed to exercise due diligence in failing to object to the missing portion of the record when it was discovered.
The Court held that the defendant need be diligent only in requesting the transcription of the record and that when, through no fault of his own, the defendant is deprived of the record, an appellate court cannot affirm the conviction. Ibid.