Opinion
No. 05-16-01316-CR
06-13-2017
On Appeal from the Criminal District Court No. 7 Dallas County, Texas
Trial Court Cause No. F15-11050-Y
ORDER
The reporter's record was due February 25, 2017. By postcard dated February 28, 2017, we notified court reporter Yolanda Atkins that the record was overdue and directed her to file it within thirty days. On March 30, 2017, we received Ms. Atkins's request to extend the time for filing the reporter's record in this appeal. We granted the request on April 3, ordering the reporter's record filed by May 3, 2017.
When the reporter's record was not filed, we ordered Ms. Atkins to file it by June 10 or we would utilize whatever remedies we had available, including ordering Ms. Atkins not sit until the record is filed. On June 9, 2017, we received a letter from Ms. Atkins informing the Court, for the first time, that although she was responsible for a portion of the reporter's record, the "Deputy Court Reporter for the Voir Dire portion, taken October 25, 2016, of the Reporters Record is unknown." Ms. Atkins did inform the Court that her portion of the reporter's record was complete and ready to be filed.
In light of this, we ORDER the trial court to make findings of fact regarding whether appellant has been deprived of the reporter's record 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 reporter's record. 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.
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 DIRECT the Clerk to send copies of this order to the Presiding Judge, Criminal District Court No. 7; to Yolanda Atkins, deputy official court reporter of the Criminal District Court No. 7; to Vearneas Faggett, official court reporter, Criminal District Court No. 7; Debi Harris, official court reporter, Auxiliary Court No. 8; and to counsel for all parties.
The appeal is ABATED to allow the trial court to comply with this order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.
/s/ LANA MYERS
JUSTICE