Opinion
05-23-00205-CR
01-31-2024
DAKERRICK HAMILTON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F19-76654-S
ORDER
NANCY KENNEDY, JUSTICE
We REINSTATE this appeal.
The reporter's record in this appeal is overdue. On December 1, 2023, we ordered that court reporter Norma Rico not sit as court reporter until the complete reporter's record is filed, and we abated this appeal for the trial court to make findings concerning Ms. Rico's failure to timely complete her portion of the reporter's record. On December 7, 2023, the trial court found that Norma Rico will complete her portion of the record no later than December 8, 2023; the record, including all exhibits, will be filed no later than December 8, 2023; there is no reason to have another court reporter transcribe Ms. Rico's notes; the question of when another court reporter could complete the record is moot; and no part of the record has been lost or destroyed. Despite the trial court's finding that the reporter's record would be filed by December 8, 2023, the reporter's record has not been filed, and Ms. Rico has not communicated with this Court concerning this appeal.
We ORDER the Honorable Michael R. Snipes, Assigned Judge, 282nd Judicial District Court, to hold a hearing within TWENTY DAYS of the date of this order with Ms. Rico and court reporter Yolanda Atkins 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. Rico reasonably expects to complete her portion of the reporter's record, the date Ms. Atkins and Ms. Rico reasonably expect to file the complete reporter's record including all exhibits; whether Ms. Rico's notes may be transcribed by another court reporter; and the date by which another court reporter could complete Ms. Rico's portion of the reporter's record including the identity of the court reporter who could do so. Unless Ms. Rico has completed her portion of the reporter's record and the complete reporter's record has been filed with this Court, the question of when another court reporter could complete Ms. Rico's portion of the reporter's record is not moot.
The Court is aware of the recent personal tragedy suffered by Ms. Rico, and she has the Court's condolences. However, justice requires that this appeal proceed, which cannot occur until the reporter's record is filed. Ms. Rico has been on notice since July 6, 2023, that the reporter's record was overdue. If Ms. Rico believes she cannot perform her duties as the court reporter for this case, then she should communicate that concern to the trial court and the official court reporter and work with them so that a complete reporter's record can be filed without further delay in this appeal.
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 Michael R. Snipes, Assigned Judge, 282nd Judicial District Court; Felicia Pitre, Dallas County District Clerk; Yolanda Atkins, Official Court Reporter for the 282nd Judicial District Court; Norma Rico, Court Reporter; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.