Opinion
No. 08-19-00312-CR
07-06-2020
YAN QIU ZHAO, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the County Court of Andrews County, Texas (TC# 19-0145) ORDER
The reporter's record was due to be filed on April 29, 2020, and none has been filed. Debra Guthrie, Court Reporter for County Court of Andrews County, advised the Court for a second time on April 24, 2020 and July 2, 2020 that she has not received arrangements for the reporter's record. Therefore, we have determined that a hearing is required. It is ORDERED that the trial court conduct a hearing to determine whether Appellant wishes to continue the appeal, whether Appellant has been deprived of a reporter's record, and whether Appellant is entitled to appointment of new counsel or has been deprived of effective assistance of counsel.
Based on current guidance from the Office of Court Administration, the Supreme Court of Texas' Emergency Orders, and current social distancing state and local social distancing directives, the following procedure is established:
• The trial court is directed to hold a videoconference hearing on this matter, if feasible, by July 21, 2020. The trial court shall forward its findings to the County Clerk of Andrews County, Texas by July 26, 2020. The County Clerk shall prepare and forward a supplemental clerk's record containing the findings to this Court by July 31, 2020. The court reporter is directed to forward a copy of the transcript of this hearing to this Court by July 31, 2020.
• If it is not feasible for the trial court to hold a videoconferencing hearing on this matter by July 21, 2020, the trial court is directed to file a statement with this Court explaining
the circumstances preventing the videoconference hearing from occurring. Prompt communication with the Court regarding logistical issues via eFile and email will be greatly appreciated.
- The trial court's statement may also include requests for reasonable accommodations, including but not limited to requests for an alternate hearing deadline, requests to excuse informalities in the record, requests to send original recordings of video proceedings in lieu of a reporter's record in the event a court reporter is unavailable, etc. This Court will entertain reasonable accommodation requests and will work with the trial court in resolving logistical issues.
IT IS SO ORDERED this 6th day of July, 2020.
PER CURIAM Before Alley, C.J., Rodriguez and Palafox, JJ.