Opinion
05-23-01257-CR
12-10-2024
SUNG HONG, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F20-37277.
ORDER
NANCY KENNEDY, JUSTICE.
Court reporter LaToya Young's September 24, 2024 motion for extension of time to file the reporter's record requesting an extension of time to file the reporter's record by September 25, 2024, is DENIED as moot.
Before the Court is the reporter's record filed by court reporter LaToya Young on December 6, 2024. The record is defective.
The case concerns the defendant's aggravated assault on his wife using a firearm and a hammer. Volume 2 of the record, the jury-selection proceeding, appears to begin as the proceeding for this case, but by page 21, it clearly becomes the jury-selection proceeding for a different case involving sexual assault of a child. On page 38, the defense attorney says, "It is my privilege to represent the citizen accused, Jerry Watkins"; the defendant in this case is Sung Hong, not Jerry Watkins. On page 63, the judge says, "The following will be the jury in the case, State of Texas versus Jerry Watkins." On page 64, after listing the selected jurors, the judge says, "That is the jury in the case State of Texas versus Jerry Watkins." Further problems discovered by this Court include the index not listing all witnesses and the index not listing when the witnesses were examined by voir dire. The indexes also omit the physical exhibits that were admitted. The record may include other defects that this Court has not discovered. We STRIKE the reporter's record filed December 6, 2024.
The record was originally due January 14, 2024. Over the succeeding ten months, this Court has granted numerous extensions and issued numerous orders for Ms. Young to file the reporter's record. We have also twice abated the appeal for the trial court to make findings concerning Ms. Young's failure to file the reporter's record. During those hearings, Ms. Young made to the trial court misrepresentations concerning the preparation and filing of the reporter's record.
On September 6, 2024, this Court ordered Ms. Young not to sit as a court reporter until the complete reporter's record is filed. Ms. Young's failure to timely file a complete and accurate reporter's record will have created a one-year delay in this proceeding.
So that this appeal can proceed, we ORDER the trial court to hold a hearing on the record within THIRTY DAYS of the date of this order and make findings concerning the record.
The Court shall find whether the jury selection/voir dire proceeding has been lost or destroyed and whether any other part of the record is 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 any lost or destroyed portion of the court reporter's notes or records 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 also find whether the parties agree to waive any defect in the record due to a portion of the record being lost or destroyed.
The trial court shall also find whether another court reporter can prepare and file the reporter's record using Ms. Young's notes, recordings, and any other materials for this case. If the trial court determines that another court reporter can prepare the reporter's record, the trial court shall order Ms. Young to turn over her notes, recordings, and all other materials for this case to the court, and the court shall appoint another court reporter to prepare the reporter's record. The trial court shall make a finding of the name of the court reporter appointed to prepare the record. The trial court shall also find the date the court reporter expects to file the record.
If the trial court finds that the reporter's record cannot be prepared by another court reporter, the trial court shall make such orders as may be necessary to obtain a complete and accurate reporter's record within thirty days of the date of the hearing required by this order, which may include but are not limited to, orders specifying the location, time, and supervision for Ms. Young's preparation of the reporter's record, and orders finding Ms. Young in contempt of court.
The trial court shall file its findings and copies of any orders entered pursuant to this order with this Court within TEN DAYS of the hearing required by this order and no later than FORTY DAYS after the date of this order.
This Court's order that Ms. Young not sit as a court reporter remains in effect until further order of this Court and will not be lifted before the complete and accurate reporter's record is filed with this Court.
We DIRECT the Clerk to send copies of this order to the Honorable Michael Snipes, Senior Judge Presiding, 282nd Judicial District Court; Felicia Pitre, Dallas County District Clerk; Lisa Jackson, Official Court Reporter, 282nd District Court; LaToya Young, Court Reporter; Dallas County Auditor's Office; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.
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.