Opinion
No. 05-17-00235-CR
10-05-2017
CHRISTOPHER DANIEL DUNTSCH, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 5 Dallas County, Texas
Trial Court Cause No. F15-00411-L
ORDER
We REINSTATE this appeal.
On September 6, 2017, we ordered court reporter Victoria Franklin to file supplemental reporter's records containing text-searchable, properly bookmarked, and indexed PDF files in place of the CDs marked 6, 41, 62, 68, 72, 90, 168, 169, 213, 220, 227, 236, 239, 242, and 248. In the event extent any of those exhibits were sealed, we instructed her to include the written court order sealing them. In addition, we ordered the trial court to hold a hearing on the remaining CDS, exhibits 7, 63, 64, 113, 215, 217, and 269, because the disks received by the Court did not open or play and were labled "Unable to Convert." Because it was unclear whether these exhibits were corrupted or simply had not been properly copied or converted such that the Court could view them, we requested a record containing written findings of fact regarding these exhibits.
Since our September 6, 2017 order:
(a) the trial court has filed a copy of its written order sealing the State's exhibits 6, 7, 10, 41, 52, 62, 68, 72, 73, 79, 80-84, 88, 90, 91-93, 95, 96, 100, 101, 168, 169, 213, 214-218, 220-222, 227, 229, 232, 236, 239, 242, 247, 248, 254, 255, 266, and 267, as well as defendant's exhibits 3, 6, and 8;With respect to the trial court's sealing order described in (a) above, we note that the following sealed exhibits have not been filed with the reporter's record: State's exhibits 10, 73, 79, 80-84, 88, 91-93, 95, 96, 100, 101, 214, 216, 221, 222, 229, 232, 247, 254, 255, 266, and 267; and defendant's exhibits 3, 6, and 8.
(b) court reporter Victoria Franklin has been in contact with our Clerk's office regarding several of the disks and CDs previously filed as well as those she is working to refile, and Ms. Franklin has filed an October 4, 2017 extension request;
(c) Ms. Franklin and the Clerk of this Court have determined that the State's exhibits 7, 64, 215, 217, and 269 are working files and do not need to be refiled;
(d) appellant has filed a September 20, 2017 motion to substitute counsel and a September 28, 2017 motion for access to the record.
In light of (b) and (c) above, we VACATE that portion of our September 6, 2017 order requiring the trial court to hold a hearing to determine whether the State's exhibits 7, 63, 64, 113, 215, 217, and 269 have been destroyed or corrupted.
We GRANT appellant's September 20, 2017 motion to substitute counsel. We DIRECT the Clerk to remove Allan Fishburn as appointed counsel and to LIST Kristen Jernigan as retained counsel. All future correspondence shall be sent to Kristen Jernigan, 203 S. Austin Ave., Georgetown, TX 78626. We also GRANT appellant's September 28, 2017 motion for access to the record.
We GRANT court reporter Victoria Franklin's October 4, 2017 request for extension of time and ORDER the supplemental reporter's record containing State's exhibits 6, 41, 62, 63, 68, 72, 90, 113, 168, 169, 213, 220, 227, 236, 239, 242, and 248 along with State's sealed exhibits 10, 73, 79, 80-84, 88, 91-93, 95, 96, 100, 101, 214, 216, 221, 222, 229, 232, 247, 254, 255, 266, and 267, and defendant's sealed exhibits 3, 6, and 8 filed within FOURTEEN DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Carter Thompson, Presiding Judge, Criminal District Court No. 5; Victoria Franklin, official court reporter, Criminal District Court No. 5; and to counsel for all parties.
/s/ ADA BROWN
JUSTICE