Opinion
No. 05-19-01201-CR
06-02-2020
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
On April 23, 2020, appellant filed a motion to supplement the record with the signed jury charge on guilt/innocence and the signed jury charge on punishment. Because the judgment states this was a jury trial and that the jury found appellant guilty and assessed punishment, we granted the motion and ordered Dallas County District Clerk Felicia Pitre to file a supplemental clerk's record containing the jury charges requested. On May 28, 2020, we received notification from Ms. Pitre that the documents could not be located.
Rule 34.5 provides that the clerk's record must contain the court's charge and the jury's verdict. In light of this, we ORDER the trial court to hold a hearing, WITHIN THIRTY DAYS of the date of this order, to determine whether the court's charges on guilt/innocence and punishment, signed by the jury, exist and can be filed in a supplemental clerk's record or whether the documents have been lost or destroyed. If the trial court determines the documents exist, the trial court shall order copies of those documents be filed in a supplemental clerk's record.
If the trial court determines that documents have been lost or destroyed, the trial court shall determine whether the documents can be reconstructed and replaced by agreement or by written stipulation of the parties. If the parties cannot agree or stipulate, the trial court is directed to determine what constitutes accurate copies of the documents and order that those copies be included in a supplemental clerk's record. See TEX. R. APP. P. 34.5(e).
We ORDER the Dallas County District Clerk to transmit to this Court, WITHIN FORTY-FIVE DAYS of the date of this order, a supplemental clerk's record containing the written findings of fact made by the trial court, if any, and the copies of the court's charges on guilt/innocence and punishment, signed by the jury. A new deadline for the filing of appellant's brief will be established upon reinstatement of the appeal.
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.
We ABATE the appeal to allow the trial court to comply with this order. The appeal shall be reinstated when the findings are received or at such other time as the Court deems appropriate.
/s/ BILL PEDERSEN, III
JUSTICE