Opinion
05-23-00232-CR
02-01-2024
DARREN MARCEL HANSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F22-75132-R
ORDER
ERIN A. NOWELL, JUSTICE.
The reporter's record is overdue. The record was originally due May 8, 2023. On August 31, 2023, the official court reporter notified this Court that Norma Rico was the court reporter for the case. On September 5, 2023, we ordered Ms. Rico to file the reporter's record by October 2, 2023. On October 23, 2023, Ms. Rico informed the Court, "The record is almost complete and will be submitted Friday, October 27, 2023." On November 17, 2023, we ordered Ms. Rico to file the reporter's record by December 1, 2023. On December 4, 2023, Ms. Rico told the Court, "I am just a few days behind from filing the record due to my workload but will be submitted Friday, December 8, 2023." The Court has heard nothing more from Ms. Rico since that date, and the reporter's record, which was supposedly "almost complete" on October 23, 2023, has not been filed.
We ORDER the Honorable Jennifer Bennett, Presiding Judge, 265th Judicial District Court, to hold a hearing within TWENTY DAYS of the date of this order with Ms. Rico present and make findings concerning why the reporter's record has not been filed.
The trial court's findings shall include: the reason the reporter's record has not been timely filed; the date Ms. Rico reasonably expects to complete her portion of the reporter's record; the date Ms. Rico reasonably expects to file the complete reporter's record including all exhibits; whether Ms. Rico's notes may be transcribed by another court reporter; and the date by which another court reporter could complete the reporter's record using Ms. Rico's notes, including the identity of the court reporter who could do so. Unless Ms. Rico has completed and filed the complete reporter's record with this Court, the question of when another court reporter could complete Ms. Rico's portion of the reporter's record is not moot.
The Court is aware of the recent personal tragedy suffered by Ms. Rico, and she has the Court's condolences. Nonetheless, justice requires that this appeal proceed, which cannot occur until the reporter's record is filed. Ms. Rico has been on notice since September 5, 2023, that the reporter's record was overdue. If Ms. Rico believes she cannot perform her duties as the court reporter for this case, she should communicate that concern to the trial court and the official court reporter and work with them to ensure a complete reporter's record is filed without further delay in this appeal.
The trial court shall transmit its findings and any necessary orders to this Court within THIRTY DAYS of the date of this order. The court reporter for the hearing required by this order shall file a reporter's record of the hearing within THIRTY DAYS of the date of this order.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Jennifer Bennett, Presiding Judge, 265th Judicial District Court; Felicia Pitre, Dallas County District Clerk; Georgina Ware, Official Court Reporter, 265th District Court; Norma Rico, Court Reporter; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.