From Casetext: Smarter Legal Research

Coralli v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 6, 2017
No. 05-17-00756-CR (Tex. App. Nov. 6, 2017)

Opinion

No. 05-17-00756-CR

11-06-2017

CONNOR LEE CORALLI, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the County Court at Law No. 6 Collin County, Texas
Trial Court Cause No. 006-84506-2015

ORDER

When the reporter's record, due August 22, 2017, was not filed, we notified the official court reporter by postcard and directed her to file the record within thirty days. On September 20, 2017, court reporter Robin Washington filed a request for an extension of time, noting that appellant had not paid or made arrangements to pay for the reporter's record. We granted the extension and ordered the reporter's record filed by October 12, 2017. On October 19, 2017, Ms. Washington informed us that appellant had still not paid or made arrangements to pay for the record. That same day, we sent retained counsel Brady Wyatt III a letter instructing him to provide the Court with written verification by October 29, 2017 that he had paid or made arrangements to pay for the reporter's record. To date, Mr. Wyatt has not communicated with the Court, and the reporter's record has not been filed.

Therefore, 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. If appellant is not indigent, the trial court shall determine whether and when appellant intends to pay for the reporter's record.

• 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. 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.

We DIRECT the Clerk to send copies of this order to the Honorable Jay Bender, Presiding Judge, Presiding Judge, County Court at Law No. 6; to Jennifer Corley, official court reporter of the County Court at Law No. 6; to Robin Washington, court reporter; and to counsel for all parties.

/s/ LANA MYERS

JUSTICE


Summaries of

Coralli v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 6, 2017
No. 05-17-00756-CR (Tex. App. Nov. 6, 2017)
Case details for

Coralli v. State

Case Details

Full title:CONNOR LEE CORALLI, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 6, 2017

Citations

No. 05-17-00756-CR (Tex. App. Nov. 6, 2017)