Opinion
05-23-00629-CR
11-29-2023
SHELDON ROSS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F22-70066-P
ORDER
ROBERT D. BURNS, III, CHIEF JUSTICE
The clerk's record is incomplete because it does include the jury charge for the punishment stage of the trial and the jury's verdict assessing appellant's punishment at confinement in the Texas Department of Criminal Justice Institutional Division for twenty years and a $10,000 fine. On July 27, 2023, September 15, 2023, October 30, 2023, and November 6, 2023, this Court ordered the district clerk to file either a supplemental clerk's record containing the jury charge on punishment or a written statement that the jury charge on punishment has not been filed with the district clerk. Following those orders, the district clerk filed other documents, but the district clerk has not filed the jury charge and verdict for the punishment stage of the trial, nor has the district clerk file a statement that the punishment jury charge has not been filed with the district clerk.
Accordingly, we ORDER the trial court to hold a hearing on the record within THIRTY DAYS of the date of this order, with counsel for appellant and the State present, and make findings concerning whether the jury charge and verdict for the punishment stage of the trial has been lost or destroyed. If the jury charge and verdict for the punishment stage of the trial has been lost or destroyed, then the trial court shall find whether the parties can agree on a copy of the jury charge and verdict for the punishment stage of the trial. If the parties can agree on a copy of the jury charge and verdict for the punishment stage of the trial, then the parties shall by written stipulation deliver a copy of the jury charge and verdict for the punishment stage of the trial to the trial court clerk for inclusion in a supplemental clerk's record. If the parties cannot agree, then the trial court shall determine what constitutes an accurate copy of the jury charge and verdict for the punishment stage of the trial and shall order it be included in a supplemental clerk's record. See Tex. R. App. P. 34.5(e).
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.
We ORDER the court reporter to 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 ORDER the district clerk to file a supplemental clerk's record containing a copy of the jury charge and verdict for the punishment stage of the trial within FORTY-FIVE DAYS of the date of this order.
We ABATE this appeal to enable the trial court to comply with this order. This appeal will be reinstated when the trial court's findings are filed in this Court or at such other time as the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Raquel Rocky Jones, Presiding Judge, 203rd Judicial District Court; Felicia Pitre, Dallas County District Clerk; David Laurel, Official Court Reporter for the 203rd Judicial District Court; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.