Opinion
05-22-01230-CR
11-13-2023
BYRON KEITH FLEMING, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F18-00120-K
ORDER
ERIN A. NOWELL JUSTICE.
The reporter's record is overdue. The record was originally due March 3, 2023. On April 27, 2023, court reporter Norma Rico requested a 30-day extension of time to file the reporter's record, stating she had recently fallen ill with the flu and that the extension of time "will allow for time to get the record filed no later than May 27, 2023." On April 28, 2023, this Court granted the requested extension and ordered Ms. Rico to file the reporter's record by May 30, 2023. On June 8, 2023, we ordered Ms. Rico to file the reporter's record by June 27, 2023.
On July 6, 2023, Ms. Rico requested a 30-day extension stating, "This will allow for time to get the record filed no later than August 6, 2023." We granted Ms. Rico's request and ordered her to file the reporter's record by Monday, August 7, 2023. On August 17, 2023, Ms. Rico filed another motion for extension "respectfully requesting and begging for an extension until September 6, 2023 for the completion and filing of the reporter's record." Ms. Rico explained she had suffered a fall and broken her foot and had "all over body injuries," and she stated she was "just now getting healing completely and getting back to normal." She stated the requested extension "will allow for time to get the record filed." We granted the request and ordered Ms. Rico to file the reporter's record by September 6, 2023. On October 2, 2023, we ordered Ms. Rico to file the reporter's record by October 17, 2023. Our orders repeatedly cautioned Ms. Rico that failure to file the record by the stated dates would result in the Court utilizing whatever remedies it has available, including ordering that Ms. Rico not sit as a court reporter until the complete reporter's record is filed. The record is now over eight months past due, and Ms. Rico has not communicated with the Court concerning this appeal since August 17, 2023.
Accordingly, we ORDER that Norma Rico, Court Reporter, not sit as a court reporter until the complete reporter's record is filed in this case.
We further ORDER the Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4, Dallas County, Texas, to hold a hearing on the record within TWENTY DAYS of the date of this order, with Ms. Rico and counsel for appellant and the State in attendance, and to make findings concerning why the reporter's record has not been filed.
The trial court's findings shall include the reason the reporter's record has not been timely filed, the date Ms. Rico reasonably expects to file the reporter's record, whether Ms. Rico's notes may be transcribed by another court reporter, and the date by which another court reporter could file the reporter's record.
The trial court's findings shall also include whether any part of the record has been lost or destroyed. If the trial court finds that part of the record has been lost or destroyed, then the court shall determine whether a significant exhibit or a significant portion of the court reporter's notes or records have been lost or destroyed, whether appellant was at fault for the loss or destruction of the exhibit or the court reporter's notes or records, whether the lost or destroyed portion of the court reporter's notes or records can be replaced by agreement of the parties, and whether a lost or destroyed exhibit 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 exhibit.
The trial court shall transmit its findings and any necessary orders to this Court within THIRTY DAYS of the date of this order. The court reporter shall file a reporter's record of the hearing within THIRTY DAYS of the date of this order.
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.
We DIRECT the Clerk to send copies of this order to the Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4, Dallas County; Felicia Pitre, Dallas County District Clerk; Charon Evans, Official Court Reporter for Criminal District Court No. 4; Norma Rico, Court Reporter; the Dallas County Auditor's Office; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.