Opinion
No. 05-19-01201-CR
07-22-2020
GERRICK ANTHONY HAWTHORNE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7 Dallas County, Texas
Trial Court Cause No. F19-52867-Y
ORDER
We REINSTATE this appeal.
We abated the appeal for a hearing to determine whether the trial court's charges on guilt/innocence and punishment, completed and signed by the jury, existed and could be filed in a supplemental clerk's record. On July 9, 2020, a three-volume supplemental reporter's record of two separate hearings was filed. Trial counsel for both sides as well as appellant's appellate counsel, the court reporter, and the trial judge were present at the hearings. After copies of the original charges without the jury determinations or entries were presented and reviewed by all present, the trial court found (1) the completed and signed jury charges had existed but were misplaced or lost through no fault of any party and (2) all parties agreed that the copies of the original charges without the jury determinations or entries and copies are exact duplicates of those submitted to the jury. Those copies were admitted as Court's Exhibits 1 and 2 and are in the exhibit volume of the July 9, 2020 supplemental reporter's record. We ADOPT the trial court's findings.
Because a supplemental clerk's record is no longer necessary, we VACATE our April 24, 2020 order to the extent it orders a supplemental clerk's record be filed.
We ORDER appellant's brief due by August 24, 2020.
We DIRECT the Clerk to send copies of this order to the Honorable Chika Anyiam, Presiding Judge, Criminal District Court No. 7; to Dallas County District Clerk Felicia Pitre; and to counsel for all parties.
/s/ BILL PEDERSEN, III
JUSTICE