Ortiz v. State

Full title: RAFAEL ORTIZ, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Jan 8, 2014

No. 05-13-01055-CR (Tex. App. Jan. 8, 2014)

Opinion

No. 05-13-01055-CR

01-08-2014

RAFAEL ORTIZ, Appellant v. THE STATE OF TEXAS, Appellee

LANA MYERS

On Appeal from the Criminal District Court No. 1

Dallas County, Texas

Trial Court Cause No. F11-41671-H

ORDER

The clerk's and reporter's records are overdue in this appeal. Accordingly, the Court ORDERS the trial court to make findings of fact regarding whether appellant has been deprived of the clerk's and reporter's records because of ineffective counsel, indigence, or for any other reason.

• The trial court shall first determine whether appellant desires to prosecute the appeal. If the trial court determines that appellant does not desire to prosecute the appeal, it shall make a finding to that effect.
• If the trial court determines that appellant desires to prosecute the appeal, it shall next determine whether appellant is indigent and entitled to proceed without payment of costs for the clerk's and reporter's records. If appellant is entitled to proceed without payment of costs, the trial court shall make a finding to that effect. Moreover, if appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. If the
trial court finds appellant is not indigent, it shall determine whether retained counsel has abandoned the appeal.
• The trial court shall next determine: (1) the name and address of each court reporter who recorded the proceedings in this cause; (2) the court reporter's explanation for the delay in filing the reporter's record; and (3) the earliest date by which the reporter's record can be filed.
• The trial court shall next determine the date by which the clerk's record will be filed.

We ORDER the trial court to transmit a supplemental record, containing the written findings of fact, any supporting documentation, and any orders, to this Court within THIRTY DAYS of the date of this order.

The appeal is ABATED to allow the trial court to comply with this order. It shall be reinstated thirty days from the date of this order or when the supplemental record is received, whichever is earlier.

LANA MYERS

JUSTICE