Opinion
05-23-00966-CR
02-26-2024
DERRICK HALL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F21-31812
ORDER
ERIN A. NOWELL, JUSTICE
The reporter's record is overdue. The record was originally due November 27, 2023. On November 29, 2023, this Court notified court reporter Sasha Brooks that the reporter's record was overdue and directed Ms. Brooks to file the reporter's record within ten days. On February 1, 2024, this Court ordered Ms. Brooks to file the reporter's record on or before February 16, 2024. As of the date of this order, the reporter's record has not been filed, and Ms. Brooks has not communicated with this Court concerning this appeal.
Accordingly, because Ms. Brooks has not filed the reporter's record or communicated with this Court, we ORDER that Sasha Brooks NOT SIT as a court reporter until the complete reporter's record is filed in this case.
We further ORDER the trial court to hold a hearing within TWENTY DAYS of the date of this order with Ms. Brooks in attendance and 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. Brooks reasonably expects to complete the reporter's record; and the date Ms. Brooks reasonably expects to file the complete reporter's record including all exhibits. If the date Ms. Brooks expects to file the reporter's record is more than fifteen days after the hearing, the trial court shall determine whether Ms. Brooks's notes may be transcribed by another court reporter and the date by which another court reporter could complete Ms. Brooks's portion of 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 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 for the hearing required by this order 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 Stephanie Huff, Presiding Judge, 291st Judicial District Court; Sasha Brooks, Official Court Reporter, 291st District Court; Dallas County Auditor's Office; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.