Opinion
05-24-00688-CR 05-24-00689-CR05-24-00690-CR 05-24-00691-CR 05-24-00692-CR05-24-00693-CR 05-24-00694-CR
12-12-2024
DEKKIOS DAVIS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause Nos. F23-76443, F23-76453, F23-76454, F23-76455, F23-76524, F23-76576, F23-76577
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
We REINSTATE this appeal.
We VACATE this Court's order of December 11, 2024. The following is the order of this Court.
Before the Court is court reporter LaToya Young's fourth motion for extension of time to file the reporter's record.
The clerk's record and this Court's records show the court reporters for this case include LaToya Young, Norma Rico, and Lindsey Spain. The reporter's record was originally due July 22, 2024.
On July 25, 2024, this Court notified Ms. Young and Ms. Rico by postcard that the reporter's record was overdue and directed them to file the reporter's record within thirty days.
On August 30, 2024, Ms. Young filed a request for a thirty-day extension of time to file the reporter's record; we granted the request and ordered Ms. Young to file the reporter's record by September 27, 2024.
On October 3, 2024, Ms. Young filed the second request for extension of time to file the reporter's record; we granted the request and ordered Ms. Young to file the reporter's record by November 4, 2024, and we cautioned Ms. Young that if the record was not filed by that date, the Court might order her not to sit as a court reporter.
On November 7, 2024, Ms. Young filed the third motion for extension of time to file the reporter's record, stating that Ms. Rico asked Ms. Young to request an extension on Ms. Rico's behalf and that Ms. Rico "is asking for a 30-day extension." Ms. Young did not state whether she had completed her portion of the reporter's record. Nor did Ms. Young state that Ms. Young required additional time to prepare her portion of the reporter's record. This Court granted the requested extension and ordered Ms. Young and Ms. Rico to file the reporter's record no later than December 4, 2024. We cautioned Ms. Young and Ms. Rico that if the complete reporter's record was not filed by that date, the Court might order that they not sit as court reporters until the complete record is filed.
On December 4, Ms. Young filed the fourth request for extension of time to file the reporter's record, stating, "I am writing to ask the Court for one last extension on the above record. I have not spoken with Norma Rico, so I'm not sure if she has completed her portions or not. I do apologize for the delay in filing an extension." The request does not state how long an extension Ms. Young requires to file the record.
On December 11, 2024, the Clerk of this Court contacted Ms. Rico and Ms. Spain. Ms. Rico indicated that she had not completed her portion of the reporter's record. Ms. Spain informed the Court that she transmitted her portion of the reporter's record to Ms. Young on December 11, 2025.
We DENY the fourth request for extension of time to file the reporter's record.
We ORDER that court reporters LaToya Young and Norma Rico NOT SIT as court reporters until further order of this Court.
This appeal cannot continue until the reporter's record is filed.
We ORDER the trial court to hold a hearing on the record within TWENTY DAYS of the date of this order and make findings concerning why the reporter's record has not been filed.
The trial court's findings shall include the court reporters' reasons for not timely filing the reporter's record; whether Ms. Young and Ms. Rico have completed their portions of the reporter's record; the date Ms. Young reasonably expects to file the complete reporter's record; if Ms. Young and Ms. Rico have not completed their portions of the reporter's record, whether their 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 any 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 required by this order shall file a reporter's record of the hearing within THIRTY DAYS of the date of this order.
If the reporter's record is filed before the trial court holds the hearing required by this order and this Court determines that the record filed is complete and accurate, then this Court may vacate the requirement for the trial court to hold the hearing and make the findings required by this order. However, the filing of the reporter's record will not automatically moot this order. The trial court shall hold the hearing and make the findings required by this order unless this order is expressly vacated by a subsequent order of this Court.
We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Huff, Presiding Judge, 291st Judicial District Court; the Honorable Hector Garza, Presiding Judge of the Criminal District Courts and Presiding Judge of the 195th Judicial District Court; Felicia Pitre, Dallas County District Clerk; Sasha Brooks, Official Court Reporter, 291st District Court; LaToya Young, Court Reporter; Norma Rico, Court Reporter; Lindsey Spain, Court Reporter; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; Dallas County Auditor's Office, and counsel for all parties.
We ABATE these appeals for the trial court to comply with this order. The appeals shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.