(2) if, without the appellant's fault, a significant exhibit or a significant portion of the court reporter's notes and records has been lost or destroyed or-if the proceedings were electronically recorded-a significant portion of the recording has been lost or destroyed or is inaudible; v. << (2010)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

(3) if the lost, destroyed, or inaudible portion of the reporter's record, or the lost or destroyed exhibit, is necessary to the appeal's resolution;  and

(4) if the lost, destroyed or inaudible portion of the reporter's record cannot be replaced by agreement of the parties, or the lost or destroyed exhibit cannot be replaced either by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit.

Tex.R.App. P. 34.6(f).  In his brief, K.G. has established each of rule 34.6's requirements.   Indeed, the State concedes error concerning K.G.'s first issue and agrees that K.G. is entitled to a new trial.   We therefore sustain K.G.'s first issue, and we reverse the trial court's judgment and remand this case for a new trial.

PANEL:  GARDNER, MEIER, and GABRIEL, JJ.

DELIVERED:  December 9, 2010