Cody Lee Cochran v. the State of Texas

In The
                              Court of Appeals
                     Seventh District of Texas at Amarillo

                                       No. 07-25-00298-CR
                                       No. 07-25-00299-CR
                                       No. 07-25-00300-CR
                                       No. 07-25-00301-CR
                                       No. 07-25-00302-CR

                           CODY LEE COCHRAN, APPELLANT

                                                V.

                           THE STATE OF TEXAS, APPELLEE

                           On Appeal from the 223rd District Court
                                     Gray County, Texas
                    Trial Court Nos. 11985, 11986, 11987, 11988, & 12811
                           Honorable Phil N. Vanderpool, Presiding

                                          April 28, 2026
                    ORDER OF ABATEMENT AND REMAND
                     Before DOSS and YARBROUGH and PRATT, JJ.


      Appellant, Cody Lee Cochran, appeals from two convictions for continuous sexual

abuse of a child,1 two convictions for prohibited sexual conduct,2 and one conviction for


      1 See TEX. PENAL CODE § 21.02(b).


      2 See TEX. PENAL CODE § 25.02.
possession of child pornography.3 The trial court sentenced Appellant to ninety-nine

years of confinement for each continuous sexual abuse conviction and ten years of

confinement for each of the remaining convictions. The clerk’s record and reporter’s

record have been filed. However, the reporter’s record does not include State’s Exhibits

22, 23, and 24.      The court reporter has advised this Court that these exhibits are

encrypted by the FBI and cannot be accessed or reviewed without FBI encryption

software. They are presently maintained on file with the district clerk.


       Because the appellate record is incomplete in a manner that prevents meaningful

review, we abate the appeal and remand the cause to the trial court for further

proceedings. On remand, the trial court shall require the State to provide accessible,

reviewable copies of State’s Exhibits 22, 23, and 24, that can be transmitted to and

examined by this Court and Appellant without the need for FBI Encryption Software. The

trial court shall further direct the court reporter to file the accessible exhibits with the Clerk

of this Court by May 28, 2026.


       If the State is unable to provide the de-encrypted exhibits or otherwise accessible

versions of the exhibits, the trial court shall conduct a hearing in accordance with Rule of

Appellate Procedure 34.6(f) to determine whether the exhibits are functionally lost or

destroyed. See Herrera v. State, No. 13-22-00352-CR, 2024 Tex. App. LEXIS 2857, at

*13–14 (Tex. App.—Corpus Christi Apr. 25, 2024, no pet.) (mem. op.) (doing same);

Mendoza v. State, No. 07-14-00034-CR, 2014 Tex. App. LEXIS 6485, at *2–3 (Tex.

App.—Amarillo June 16, 2014, no pet.) (per curiam) (remanding appeal for findings



       3 See TEX. PENAL CODE § 43.26(d).


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pursuant to Rule 34.6(f)). Following such a hearing, the trial court shall enter findings of

fact on the aforementioned matters and include its findings in a supplemental record to

be filed with this Court by May 28, 2026.


       It is so ordered.


                                                        Per Curiam


Do not publish.




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