Opinion
05-23-00687-CR 05-23-00688-CR
08-15-2023
HUMBERTO ESCAMILLA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause No. F21-00530-W, F20-12072-W
ORDER
ERIN A. NOWELL JUSTICE
Appellant pleaded guilty in these cases. The hearing on appellant's plea of guilty occurred on May 4, 2023, and the punishment hearing occurred on July 6, 2023. Darline King, Official Court Reporter for the 363rd Judicial District Court, filed the reporter's record for the July 6, 2023 punishment hearing. That reporter's record shows the Honorable Tracy Holmes presided over the punishment hearing in the 363rd District Court. The reporter's record for the May 4, 2023 hearing on appellant's guilty pleas has not been filed.
On August 10, 2023, Ms. King notified the Court that the May 4, 2023 plea hearing was conducted in Criminal District Court No. 5 with the Honorable Carter Thompson presiding. Ms. King states she notified the official court reporter for Criminal District Court No. 5, Victoria Franklin, about the appeal, and Ms. Franklin told Ms. King she did not work that day "and there is no reporter's record available for that date."
"The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed." Tex.R.App.P. 35.3(c). We ORDER the trial court to conduct a hearing transcribed by a court reporter and make findings concerning:
• whether there was a hearing on defendant's guilty pleas;
• whether any hearing on defendant's guilty pleas was reported by a court reporter;
• the name of any court reporter who reported the guilty pleas;
• whether appellant timely requested preparation of the reporter's record;
• whether the loss of the record or failure to have the hearing reported by a court reporter was appellant's fault;
• whether the reporter's record of the plea hearing is necessary to the appeals' resolution; and
• whether the reporter's record of the plea hearing can be replaced by agreement of the parties.
If the trial court finds a court reporter reported the hearing, the trial court shall order the court reporter to file a transcription of the plea hearing with this Court within FORTY-FIVE DAYS of the date of this order.
We ORDER the trial court to transmit its findings and any orders to this Court within FORTY-FIVE DAYS of the date of this order. The court reporter shall file a supplemental reporter's record containing a transcription of the hearing required by this order within FORTY-FIVE DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Tracy Holmes, Presiding Judge, 363rd Judicial District Court; the Honorable Carter Thompson, Presiding Judge, Criminal District Court No. 5, Dallas County; Darline King, Official Court Reporter for the 363rd Judicial District Court; Victoria Franklin, Official Court Reporter for Criminal District Court No. 5; and counsel for all parties.
We ABATE these appeals to enable the trial court to comply with this order. These appeals will be reinstated when the trial court's findings are filed in this Court or at such other time as the Court deems appropriate.