Opinion
05-23-01320-CR 05-24-01110-CR
10-01-2024
LISA JO DYKES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause Nos. F21-75476, F21-75651
ORDER
AMANDA L. REICHEK JUSTICE
Before the Court is appellant's September 13, 2024 Motion to Abate the Appeal. Appellant asserts the reporter's record does not include the transcriptions of hearings held on February 13, 2023, and March 28, 2023. The motion is GRANTED as follows.
On September 23, 2024, Marissa Garza, Official Court Reporter for Criminal District Court No. 6 informed the Court that Sharyl Zeno, Official Court Reporter for Criminal District Court No. 1, was the court reporter for the March 28, 2023 hearing and will be uploading her portion. We ORDER Ms. Zeno to file the reporter's record for the March 28, 2023 hearing by OCTOBER 30, 2024.
Concerning the February 13, 2023 hearing, Ms. Garza informed the Court that she contacted court reporter Lisa Jackson and "This date was not submitted since the Dykes case was not called nor noted on any docket sheets for Lisa Dykes." The online docket sheet for this case maintained by the Dallas County District Clerk's office on its website shows there was a discovery hearing on February 13, 2023.
We ORDER the trial court to hold a hearing within TWENTY DAYS of the date of this order and make written findings of the following matters: whether there was a hearing in this case on February 13, 2023; whether any hearing in these cases on that date was reported by a court reporter; and the identity of the court reporter for any hearing on February 13, 2023. If there was a hearing on February 13, 2023, and the hearing was not reported by a court reporter, the trial court shall find the subject of the hearing and whether appellant was at fault for the lack of a reporter's record for the hearing.
The trial court's findings and the reporter's record of the hearing required by this order are due OCTOBER 30, 2024.
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.
We DIRECT the Clerk to send copies of this order to the Honorable Nancy Mulder, Presiding Judge, Criminal District Court No. 6, Dallas County; Felicia Pitre, Dallas County District Clerk; Marissa Garza, Official Court Reporter, Criminal District Court No. 6; Sharyl Zeno, Official Court Reporter, Criminal District Court No. 1; Lisa Jackson, Official Court Reporter, 282nd District Court; and counsel for all parties.