Opinion
05-22-01145-CR
08-22-2023
JAQUALYN DAVIS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F18-75814-X
ORDER
DENNISE GARCIA JUSTICE
We REINSTATE this appeal.
On May 22, 2023, we abated this appeal for the trial court to make findings and recommendations concerning the court reporter's inability to file State's exhibits 2, 4, 14, 15, 16, 17, 21, 106, 496, 497, and 498 through the TAMES portal. After we issued that order, the court reporter file State's exhibits 14, 15, 17, 21, 496, 497, and 498 through the TAMES portal, leaving State's exhibits 2, 4, 16, and 106 unfiled. The trial court held hearings concerning the exhibits. The trial court found that State's exhibits 2, 4, 16, and 106 could not be converted to a format compatible with TAMES without endangering the data and with a high probability of data loss.
We accept the trial court's findings, and we ORDER court reporter Yolanda Atkins to file within TEN DAYS of the date of this order the discs containing unencrypted copies of State's exhibits 2, 4, 16, and 106. If the State has not provided Ms. Atkins with unencrypted, non-password-protected copies of the exhibits, then the court reporter shall file the encrypted discs with instructions and passwords for playing the discs.
Appellant's brief is due THIRTY DAYS after the exhibits are filed.
We DIRECT the Clerk to send copies of this order to the Honorable Nancy Mulder, Presiding Judge, Criminal District Court No. 6, Dallas County; Yolanda Atkins, Court Reporter; Marissa Garza, Court Reporter; and counsel for all parties.