Opinion
05-23-00265-CR
10-03-2023
KEANDRE BENARD DAVIS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F20-58258-P
ORDER
DENNISE GARCIA JUSTICE.
The reporter's record is overdue. The record was originally due May 8, 2023. On May 10, 2023, this Court directed the court reporter to file the reporter's record within thirty days. On July 7, 2023, this Court granted the court reporter's request for an extension of time, and we ordered the court reporter to file the reporter's record by July 27, 2023.
On July 24, 2023, court reporter Deborah R. Quarles filed the reporter's record for the May 31, 2022 Pretrial Motion to Consolidate Hearing, but the reporter's records for the other proceedings, including the jury trial, have not been filed. On July 21, 2023, Ms. Quarles filed the Information Sheet by Court Reporters and identified the court reporters for the case as herself and David J. Laurel, Official Court Reporter for the 203rd Judicial District Court. On August 22, 2023, We ordered Ms. Quarles and Mr. Laurel to file the reporter's record by September 6, 2023. We cautioned Ms. Quarles and Mr. Laurel that if they failed to file the reporter's record by that date, this Court would utilize whatever remedies it has available, which may include ordering that they not sit as court reporters until they file the complete reporter's record in this appeal. As of the date of this order, the complete reporter's record has not been filed.
We ORDER that Deborah R. Quarles and David J. Laurel not sit as court reporters until the complete reporter's record is filed.
We ORDER the Honorable Raquel Rocky Jones, Presiding Judge, 203rd Judicial District Court, to hold a hearing within TWENTY DAYS of the date of this order with Ms. Quarles, Mr. Laurel, and counsel for appellant and the State in attendance and make findings concerning why the reporter's record has not been filed. The hearing shall be reported by a court reporter other than Ms. Quarles or Mr. Laurel.
The trial court's findings shall include the reason the reporter's record has not been timely filed, the date Ms. Quarles and Mr. Laurel reasonably expect to file the reporter's records, whether Ms. Quarles's and Mr. Laurel's notes may be transcribed by another court reporter, and the date by which another court reporter could file the reporter's record.
The trial court's findings shall also include whether any part of the record has been lost or destroyed. If the trial court finds that part of the record has been lost or destroyed, then the court shall determine whether a significant exhibit or a significant portion of the court reporter's notes or records have been lost or destroyed, whether appellant was at fault for the loss or destruction of the exhibit or the court reporter's notes or records, whether the lost or destroyed portion of the court reporter's notes or records can be replaced by agreement of the parties, and whether a lost or destroyed exhibit can be replaced by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit.
The trial court shall transmit its findings and any necessary orders to 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 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 trial court's findings are received or at such other time as the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Raquel Rocky Jones, Judge Presiding, 203rd Judicial District Court; David J. Laurel, Official Court Reporter for the 203rd Judicial District Court; Deborah R. Quarles, Deputy Official Court Reporter; Dallas County Auditor's Office; and counsel for all parties.