Opinion
05-23-00760-CR
03-12-2024
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
DENNISE GARCIA, JUSTICE
We REINSTATE this appeal.
We abated this case for the trial court to make findings concerning whether appellant signed a judicial confession that was separate from the plea agreement. The trial court held a hearing on March 6, 2024, and made findings:
1. Appellant signed a judicial confession in this case that was not contained within the document styled "Plea Agreement."
2. The judicial confession was signed by Appellant's counsel and assistant district attorney Samantha Jarvis.
3. The judicial confession was retained for the court's file, as the reporter's record of the January 11th hearing stated. However, it does not now appear in the court's electronic file.
4. No one is in possession of the judicial confession admitted at the plea hearing.
5. The judicial confession admitted at the hearing has been lost or destroyed.
6. The judicial confession admitted at the hearing is not necessary to the appeal's resolution.
7. The State generated a copy of the judicial confession for purposes of the hearing and entered it as State's Exhibit I.
8. While State's Exhibit I is unsigned, it otherwise accurately duplicates with reasonable certainty the original judicial confession.
9. The parties agree that State's Exhibit I can be substituted for the missing judicial confession in the clerk's record, with the understanding that the original judicial confession was signed.
10. State's Exhibit 1 shall be copied for purposes of the reporter's record and then filed with the district clerk.
We accept the trial court's findings. We ORDER the district clerk to file on or before MARCH 27, 2024, a supplemental clerk's record containing the judicial confession filed March 7, 2024.
We DIRECT the Clerk to send copies of this order to Felicia Pitre, Dallas County District Clerk, and counsel for all parties.