Opinion
05-23-00828-CR
03-05-2024
JOSE TAMEZCANO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F19-76346-T
ORDER
NANCY KENNEDY JUSTICE.
We REINSTATE this appeal.
The reporter's record in this case is incomplete because it does not include the exhibits for the punishment hearing of February 10, 2023.
We abated this appeal on February 13, 2024, for the trial court to hold a hearing and make findings regarding court reporter Norma Rico's failure to complete her portion of the reporter's record. The trial court found that Ms. Rico "will have her portion of the record completed today, February 21, 2024. Ms. Rico's records and exhibits will be ready to be filed by close of business." The reporter's record, with the hearing reported by Ms. Rico (volume 12 of the reporter's record, the February 10, 2023 punishment hearing), was filed February 22, 2024. The reporter's record appears to contain all exhibits admitted except those admitted at the February 10, 2023 punishment hearing, which was reported by Ms. Rico. The missing exhibits are State's exhibits 233, 234, 235, 236, 237, 238, 239, and 240-245. The Clerk of this Court has contacted Ms. Rico repeatedly to file the exhibits, but as of the date of this order, she has not done so.
We ORDER the Honorable Lela D. Mays, Presiding Judge, 283rd Judicial District Court, to hold a hearing within TWENTY DAYS of the date of this order with Ms. Rico in attendance and make findings concerning Ms. Rico's failure to file the exhibits.
The trial court shall find whether Ms. Rico has filed the exhibits. If she has not filed the exhibits, the trial court shall find whether she has possession of or access to the exhibits. If the court finds Ms. Rico has possession of or access to the exhibits, the court shall find when Ms. Rico will file the exhibits with this Court.
If Ms. Rico does not have possession of or access to the exhibits, the trial court shall find whether the exhibits are lost or destroyed. If Ms. Rico does not have possession of or access to the exhibits and the exhibits are not lost or destroyed, the court shall identify in the findings the person who has possession of or access to the exhibits, and the court shall enter all orders necessary for Ms. Rico to have sufficient access to the exhibits to permit her to prepare and file the exhibits as part of the reporter's record.
If the court finds that Ms. Rico does not have possession of or access to the exhibits and the court finds that the exhibits are lost or destroyed, the court shall determine whether a significant exhibit has been lost or destroyed, whether appellant was at fault for the loss or destruction of the exhibit, and whether a lost or destroyed exhibit can be replaced by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit.
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 Lela D. Mays, Presiding Judge, 283rd Judicial District Court; Felicia Pitre, Dallas County District Clerk; Sharina Fowler, Official Court Reporter, 283rd Judicial District Court; Debi Harris, Deputy Reporter, 283rd Judicial 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.