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Ex parte Torres

Court of Appeals of Texas, Fifth District, Dallas
Aug 5, 2021
No. 05-20-00027-CR (Tex. App. Aug. 5, 2021)

Opinion

05-20-00027-CR

08-05-2021

EX PARTE ANGEL GUADALUPE TORRES


On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. WX19-90191-J.

ORDER

LANA MYERS, JUSTICE.

On March 18, 2021, the Court was notified that Michael Casillas had been appointed in this accelerated appeal. In his letter, Mr. Casillas noted that he had requested a reporter's record be filed. Although he also states no clerk's record has been filed, we note that a ninety-four page clerk's record was filed July 27, 2020. However, to date, no reporter's record has been filed and Mr. Casillas has had no further contact or communication with the Court regarding this appeal.

Accordingly, the Court ORDERS the trial court to hold a hearing to determine the status of this appeal and to make findings of fact regarding the following:

• 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.
• The trial court shall next determine whether a reporter's record was taken of the "substantive hearing," whether appellant has requested, paid, or made arrangements to pay for the reporter's record, and (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.
• The trial court shall next determine whether the July 27, 2020 clerk's record filed in this Court contains all documents necessary to the appeal of the "substantive hearing" and if not, the date by which a supplemental clerk's record containing any additional documents necessary to the disposition of this appeal will 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.

We DIRECT the Clerk to send copies of this order to the Honorable Audra Riley, Presiding Judge, Criminal District Court No. 3; to Felicia Pitre, Dallas County District Clerk; to Kim Xavier, Official Court Reporter, Criminal District Court No. 3; and to counsel for all parties.

The appeal is ABATED to allow the trial court to comply with this order.

The appeal shall be reinstated when the findings are received or when the Court deems it appropriate to do so.


Summaries of

Ex parte Torres

Court of Appeals of Texas, Fifth District, Dallas
Aug 5, 2021
No. 05-20-00027-CR (Tex. App. Aug. 5, 2021)
Case details for

Ex parte Torres

Case Details

Full title:EX PARTE ANGEL GUADALUPE TORRES

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 5, 2021

Citations

No. 05-20-00027-CR (Tex. App. Aug. 5, 2021)