Opinion
No. 05-18-01366-CR
10-18-2019
DAVID GARCIA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F18-52886-H
ORDER
Before the Court is appellant's October 10, 2019 second motion to complete the reporter's record and certifications, motion to supplement the clerk's record, and to reset the briefing timetable.
In his second motion, appellant requests supplemental reporter's records or verifications that no records were reported for the dates of August 29-30, 2018, October 29, 2018; October 31, 2018; November 1-2, 2018; November 20, 2018; January 7, 2019; and January 10-14, 2019. Appellant also requests supplementation of the clerk's record with an omitted docket sheet showing the motion for new trial hearing, a subpoena application for the new trial hearing, a pass slip, and a dismissal order in a related case.
On October 11, 2019, former Official Court Reporter Crystal R. Brown filed a letter verifying the dates of various hearings and dates when no hearings were conducted, a supplemental reporter's record of the plea proceeding and pretrial hearing held on October 29, 2018, and a copy of volume 3 of the reporter's record filed on May 20, 2019 that corrects an error on the cover page to show the correct date of the beginning of appellant's trial as October 30, 2018 rather than October 4, 2018.
Additionally, on October 14, 2019, current Official Court Reporter Sheryl Zeno filed a two-volume supplemental reporter's record of the hearings on appellant's motion for new trial held on January 10, 2019 and January 14, 2019.
After the filings by court reporters Brown and Zeno, we conclude the reporter's record is complete. Accordingly, that portion of appellant's second motion requesting relief regarding the reporter's record is DENIED AS MOOT.
Regarding appellant's request for supplementation of the clerk's record, we GRANT the motion as to the docket sheet page reflecting the new trial proceedings and a subpoena application for the hearing on the motion for new trial. As to the request for an order regarding "a pass slip and a dismissal order in a related case," there is not enough information about these documents in appellant's motion for the Court to issue an order.
We ORDER the Dallas County District Clerk to file, within FIFTEEN DAYS of the date of this order, a supplemental clerk's record containing the docket sheet page reflecting the motion for new trial proceedings and any subpoena applications issued in connection with the motion for new trial proceedings. Nothing in this order shall preclude the Dallas County District Clerk from also including additional items in the supplemental clerk's record requested by counsel for appellant.
We EXTEND the time to file appellant's brief until FORTY-FIVE DAYS from the date of this order.
We DIRECT the Clerk of the Court to transmit a copy of this order, by electronic transmission, to court reporter Crystal R. Brown; court reporter Sheryl Zeno; Felicia Pitre, Dallas County District Clerk; and counsel for the parties.
/s/ LANA MYERS
JUSTICE