Opinion
No. 05-17-00561-CR
10-10-2017
MICHAEL RICHARD DURHAM, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 6 Collin County, Texas
Trial Court Cause No. 006-84383-2016
ORDER
The record was due September 21, 2017. When notified that the record was past due, court reporter Jennifer Corley informed the Court that appellant had not paid or made arrangements to pay for the reporter's record. By letter dated October 3, 2017, appellate counsel Marc Fratter informed the Court that he had made arrangements to pay for the reporter's record. We then ordered Ms. Corley to file the complete reporter's record by November 6, 2017.
On October 9, 2017, Ms. Corley informed the Court that
no payment or deposit has been received by me in this matter. Mr. Fratter has been informed of the amount due on more than one occasion, but as of this date, I still have yet to receive payment or a deposit of any sort. Mr. Fratter has also been informed that preparation of the record cannot begin until payment has been made contrary to Mr. Fratter's statements.
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. Moreover, if appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. If the trial court finds appellant is not indigent, it shall determine whether retained counsel has abandoned the appeal.
• 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 Adam Bender, Presiding Judge, County Court at Law No. 6; to Jennifer Corley, court reporter of the County Court at Law No. 6; and to counsel for all parties.
/s/ ADA BROWN
JUSTICE