Opinion
05-23-00760-CR
02-20-2024
TABORICK EPHRIM, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F22-41486
ORDER
ROBERT D. BURNS, III., CHIEF JUSTICE.
The clerk's record in this case does not include a judicial confession that is a document separate from the plea agreement.
On December 15, 2023, we ordered the district clerk to file supplemental clerk's records containing the judicial confession in this case and in cause numbers 05-23-00761-CR and 05-23-00762-CR. In cause numbers 05-23-00761-CR and 05-23-00762-CR, the district clerk filed supplemental clerk's records on December 18, 2023, containing the judicial confession in each of those cases that was separate from the plea agreement. On December 28, 2023, the district clerk informed us in this case, cause number 05-23-00760-CR, that "the District Clerk Appellant desk have not received these documents to be processed."
Accordingly, we ORDER the trial court to hold a hearing within TWENTY DAYS of the date of this order and make findings concerning the judicial confession in this case, including:
• whether appellant signed a judicial confession in this case that was not contained in the document styled "Plea Agreement";
• whether the judicial confession was signed by the appellant's counsel and/or the assistant district attorney;
• whether the judicial confession was "retained for Court's file" as the reporter's record of the January 11 hearing stated;
• whether the trial court, the court reporter, the court clerk or district clerk, or the parties have possession of the judicial confession admitted at the hearing, if any, admitted at the plea hearing; and
• whether the judicial confession admitted at the hearing has been lost or destroyed.
If the court finds the copy of the confession admitted at the plea hearing has been lost or destroyed, then the court shall find whether the exhibit is necessary to the appeal's resolution and whether the confession 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 confession. See Tex. R. App. P. 34.6(f)(4).
If the trial court finds that the copy of the confession admitted into evidence is in the possession of the court, the court reporter, the court clerk or district clerk, or the parties, or that the parties agree on a replacement for the copy of the confession admitted at the plea hearing, or that the trial court determines a copy of the confession accurately duplicates with reasonable certainty the copy of the confession admitted at the plea hearing, the trial court shall order that copy of the confession filed with the district clerk.
The trial court shall file the findings required by this order within THIRTY DAYS of the date of this order.
The district clerk shall file within THIRTY DAYS of the date of this order a supplemental clerk's record containing a copy of the judicial confession filed with the district clerk pursuant to this order.
We DIRECT the Clerk to send copies of this order to the Honorable Jennifer Bennett, Presiding Judge, 265th Judicial District Court; Felicia Pitre, Dallas County District Clerk; and counsel for all parties.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.