New Trial for Transcription of Plea Hearing Destruction
In Corley v. State, 782 S.W.2d 859 (Tex. Crim. App. 1989), the State filed a motion to revoke Corley's probation ten years after he entered his plea. Corley, 782 S.W.2d at 859-60.
Corley's probation was revoked and he appealed. Id. at 860.
His sole issue on appeal revolved around whether he was entitled to a transcription of the plea hearing. Id. the transcript had been destroyed. Id.
The appellate court held that Corley was entitled to a statement of facts and because it had been destroyed through no fault of his own, Corley was entitled to a new trial. Id.
The Court of Criminal Appeals reversed, however, declining to read Texas Rule of Appellate Procedure 50(e) (now Rule 34.6(f)) so broadly as to allow Corley a new trial. Id. at 861.
The Court held that "an attempt by the appellant to designate the statement of facts from the original plea hearing to be part of the record on appeal ... is untimely when made after the court reporter has properly destroyed her notes." Id.