Dickson v. State

Full title: KEVIN WAYNE DICKSON, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 24, 2015

No. 05-14-01061-CR (Tex. App. Jun. 24, 2015)

Opinion

No. 05-14-01061-CR

06-24-2015

KEVIN WAYNE DICKSON, Appellant v. THE STATE OF TEXAS, Appellee

LANA MYERS JUSTICE

On Appeal from the Criminal District Court No. 4 Dallas County, Texas
Trial Court Cause No. F12-57075-K

ORDER

The Court REINSTATES the appeal.

On May 19, 2015, we ordered the trial court to make findings regarding why appellant's brief has not been filed. We ADOPT the trial court's findings that: (1) appellant desires to pursue the appeal; (2) appellant is indigent and represented by court-appointed counsel; (3) counsel's explanation for the delay in filing the brief is that she discovered the reporter's record of pretrial hearings was missing; (4) Charon Evans is the court reporter who recorded the hearings, and she informed the court that she would file the record by Friday, June 26, 2015; and (5) counsel can file appellant's brief within thirty days after the supplemental reporter's records are filed.

We note that appellant's brief was originally due February 19, 2015. Counsel filed a motion to extend time to file appellant's brief on February 19, 2015 and did not at that time identify any missing records. Counsel was granted a thirty-day extension of time to file appellant's brief. At no time between the date the brief was due and the date the appeal was abated did counsel bring to this Court's attention any problem with the reporter's record. Nevertheless, we ORDER court reporter Charon Evans to file, by WEDNESDAY, JULY 1, 2015 the supplemental record of the pretrial hearings.

We ORDER appellant to file his brief by MONDAY, AUGUST 3, 2015. No further extensions will be granted. If appellant's brief is not filed by the date specified, the Court will utilize its available remedies, which may include ordering that Kathleen Walsh be removed as appellate counsel and ordering the trial court to appoint new counsel to represent appellant in this appeal.

We DIRECT the Clerk send copies of this order to the Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4; Charon Evans, official court reporter, Criminal District Court No. 4; and to counsel for all parties.

/s/ LANA MYERS

JUSTICE