Opinion
05-24-00245-CR
08-27-2024
DANIEL CRUZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F22-33921.
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
The reporter's record in this case is overdue. On March 5, 2024, this Court sent the official court reporter, David Laurel, an information sheet for the case requesting Mr. Laurel to inform the Court if he was the court reporter for the case, and, if not, to provide information concerning the court reporter for the case. Mr. Laurel did not complete and return the information sheet. On March 9, 2024, appellant's counsel sent Mr. Laurel a request for preparation of the reporter's record. The record was originally due June 7, 2024. On June 11, 2024, and August 23, 2024, this Court sent notices to Mr. Laurel informing him that the record was overdue and ordering him to file the reporter's record. On August 23, 2024, more than two months after the reporter's record was due and more than five months after appellant's counsel requested Mr. Laurel to prepare the record, Mr. Laurel for the first time informed this Court that he was not the court reporter for this case and that he does not know who was the court reporter for the case. Mr. Laurel's failure to comply with this Court's multiple requests for information regarding the appeal has resulted in a significant delay. The Court requests Mr. Laurel in the future comply timely with this Court's requests for information concerning appeals from the 203rd Judicial District Court.
We ORDER the trial court to hold a hearing within TWENTY DAYS of the date of this order and make written findings of: (1) whether the trial and other proceedings were reported by a court reporter; (2) if the trial court finds the trial and other proceedings were not reported, whether appellant waived the making of a reporter's record and identify any document constituting that waiver; and (3) if the trial court finds the trial and other proceedings were reported by a court reporter, the identity of the court reporter or court reporters. If the trial court finds the trial and other proceedings were not reported by a court reporter, the trial court shall find whether appellant was at fault for the failure of the trial or other proceedings to be reported by a court reporter.
The trial court shall file its written findings with this Court within THIRTY DAYS of the date of this order.
The court reporter for the hearing shall file a reporter's record of the hearing required by this order 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 Raquel Jones, Presiding Judge, 203rd Judicial District Court; Felicia Pitre, Dallas County District Clerk; David Laurel, Official Court Reporter, 203rd District Court; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.