Opinion
05-23-00091-CR
11-01-2023
PAMELA JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F20-20608-K
ORDER
ERIN A. NOWELL, JUSTICE
Before this Court is the appellant's October 30, 2023 motion requesting an extension of time to file appellant's brief. In her motion, appellant points out that the photographs that comprise part of defense exhibit 1 are missing from the appellate record. The supplemental reporter's record filed 6/20/23 contains videos from a doorbell camera for defense exhibit 1 but not photographs. Accordingly, on October 2, 2023, we ordered court reporter Debi Harris in Auxiliary Court 8 to file within fifteen days of the date of the order a supplemental reporter's record containing: the photographs that comprise defense exhibit 1. As of the date of this order, the court reporter has not filed the photographs.
It is the court reporter's duty to file the reporter's record, including all exhibits, in an electronic format through the Texas Appeals Management and E filing System records submission portal (TAMES). See Tex.R.App.P. C, R. 2(b); Unif. Format Manual for Tex. Reporter's Recs. § 8 (amended June 28, 2010), https://www.txcourts.gov/All_Archived_Documents/SupremeCourt/Administrative Orders/miscdocket/10/10907700.pdf.
Accordingly, we ORDER the trial court, the Honorable Gary R. Stephens, Presiding Judge, Auxiliary Court 8, to conduct a hearing within THIRTY DAYS of the date of this order and make findings of fact regarding whether:
• photographs as a part of defense exhibit 1 were admitted into evidence;
• if photographs were admitted, whether the photographs are missing from the trial court's record;
• if any of the photographs are not missing from the trial court's record, why the photographs are not in the reporter's record;
• if any of the photographs are missing from the trial court's record, whether any missing photograph has been lost or destroyed;
• whether appellant was at fault for any photograph being lost or destroyed;
• whether any lost or destroyed photograph is necessary to the appeal's resolution; and
• whether any lost or destroyed photograph 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. See Tex. R. App. 34.6(f).
We ORDER the trial court to transmit the findings to this Court within FORTY-FIVE DAYS of the date of this order. We ORDER court reporter Debi Harris to file a reporter's record of the hearing required by this order within FORTY-FIVE DAYS of the date of this order.
Further, we ORDER Debbie Harris, Court Reporter for Auxiliary Court 8, to file within FORTY-FIVE DAYS of the date of this order a supplemental reporter's record containing the missing photographs or any photographs agreed to by the parties or determined by the trial court to accurately duplicate with reasonable certainty the original photographs.
Appellant's motion for extension of time to file the brief is GRANTED and we ORDER appellant's brief filed no later than THIRTY DAYS after the court reporter files the supplemental reporter's record.
We DIRECT the Clerk of the Court to send copies of this order to the Honorable Gary R. Stephens, Presiding Judge, Auxiliary Court 8; Debi Harris, Court Reporter in Auxiliary Court 8; Christina O'Neil, Chief Judicial Staff Counsel Criminal District Courts; and counsel for all parties.
This appeal is ABATED to allow the trial court to comply with the above order. This appeal shall be reinstated when the record transmitted by the trial court is received or at such other time as the Court deems proper.