O'Brien v. State

Full title: JACOB O'BRIEN, Appellant, v. THE STATE OF TEXAS, State.

Court: COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO

Date published: Nov 24, 2014

No. 08-14-00222-CR (Tex. App. Nov. 24, 2014)

Opinion

No. 08-14-00222-CR

11-24-2014

JACOB O'BRIEN, Appellant, v. THE STATE OF TEXAS, State.

PER CURIAM

Appeal from the County Court of Terrell County, Texas (TC# 1878)

ORDER

The reporter's record in the above styled and numbered cause was originally due July 13, 2014. The Court has granted four extensions of time at the request of the court reporter and one extension on the court's own motion. The Reporter's Record was due November 19, 2014, the court having granted and second FINAL extension of time to file the reporter's record. No reporter's record has been filed as of this date. Consequently, the Court has determined it is necessary for the trial court to conduct a hearing regarding the court reporter's failure to timely file the reporter's record in this appeal.

It is therefore ORDERED that the trial court conduct a hearing to determine whether Appellant has been deprived of the reporter's record for any reason, including whether the reporter's record has been lost or destroyed, such that Appellant might be entitled to a new trial pursuant to TEX.R.APP.P. 34.6(f). The trial court shall determine the following:

1. whether a significant portion of the court reporter's notes and exhibits have been lost or destroyed, and if so, whether the loss or destruction occurred without any fault of the Appellant;
2. if the reporter's record has been lost or destroyed, whether the lost or destroyed portion is necessary to the appeal's resolution; and
3. if the reporter's record has been lost or destroyed, whether it can be replaced by agreement of the parties.

Additionally, if the reporter's record has not been lost or destroyed, the trial court shall determine:

1. whether the court reporter, Ms. Patricia Phelps, has the ability to transcribe and file the record within thirty days; and
2. if the trial court determines that Ms. Phelps is unable to file the reporter's record within thirty days, whether another court reporter could assist Ms. Phelps.

The trial court is authorized to hear evidence and to determine any additional matters it deems relevant to this inquiry. The court is also authorized to enter any orders to ensure that the reporter's record is filed at the earliest date possible. The trial court is expressly authorized to enter an order appointing a court reporter to assist Ms. Phelps.

The trial court is directed to make findings of fact and conclusions of law regarding these matters and file same with the trial court clerk for inclusion in a supplemental clerk's record. The record of such hearing and the supplemental clerk's record shall be forwarded to this Court on or before December 29, 2014.

IT IS SO ORDERED this 24^th day of November, 2014.

PER CURIAM Before McClure, C.J., Rodriguez, and Hughes, JJ.