Opinion
No. 05-16-00058-CR No. 05-16-00059-CR
02-17-2016
ANDREW REY ACOSTA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F08-00813-P, F15-23754-P
ORDER
On January 21, 2016, the Court sent a letter to the trial court questioning the accuracy of the certifications of appellant's right to appeal. To date, we have not received a response to the letter. Additionally, the clerk's and reporter's record are overdue in these appeals.
Accordingly, the Court ORDERS the trial court to make findings of fact regarding the following:
• The trial court shall first determine whether appellant desires to prosecute the appeals. If the trial court determines that appellant does not desire to prosecute the appeals, it shall make a finding to that effect.
• The trial court shall next determine, in accordance with the letter dated January 21, 2016, whether the certifications of appellant's right to appeal accurately reflect the trial court proceedings. If the certifications are not accurate, we ORDER the trial court to prepare certifications that accurately reflect the proceedings.
• The trial court 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 appeals.
• 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 records will be filed.
We ORDER the trial court to transmit a 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. We further ORDER that the trial court transmit to this Court either corrected certifications of appellant's right to appeal or written verification, with supporting documentation, the certifications on file are correct.
The appeals are ABATED to allow the trial court to comply with this order. The appeals shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE