Opinion
No. 05-16-01185-CR
06-23-2017
On Appeal from the Criminal District Court No. 2 Dallas County, Texas
Trial Court Cause No. F16-40682-I
ORDER
Appellate counsel filed an Anders brief in the above appeal. After we notified appellant of his right to review the record and file a pro se response, appellant informed the Court that he wished to file a pro se response. On May 5, 2017, we ordered (1) the Dallas County District Clerk to provide counsel Robert Baskett by June 5, 2017 with a paper copy of the clerk's record, redacted to delete any juror questionnaires, as well as the addresses, dates of birth, and social security numbers of individuals other than appellant on all documents on which they appear and (2) Velma Lopez, official court reporter of the 195th Judicial District Court, to provide Mr. Baskett by June 5, 2017 with a paper copy of the reporter's record, redacted to delete the addresses, dates of birth, and social security numbers of all individuals other than appellant on all documents on which they appear. We then ordered Mr. Baskett to send appellant the copies of the clerk's and reporter's records, as redacted in accordance with this order, and to provide this Court, with written verification by June 14, 2017, that the record had been sent to appellant.
In a letter dated June 17, 2017, appellant notified the Court that he has not received the record. A review of our records shows we have not received notification that the record has been provided to appellant. Therefore, we ORDER the trial court to hold a hearing to determine why appellant has been deprived of the clerk's record and reporter's record in this appeal, including whether the failure to provide appellant with a copy is because the district clerk and court reporter have not provided Mr. Baskett with copies or Mr. Baskett has not forwarded the copies to appellant.
We ORDER the trial court to transmit a record, containing the written findings of fact, any supporting documentation, and any orders, to this Court within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send a copy of this order to the Honorable Nancy Kennedy, Presiding Judge, Criminal District Court No. 2; Velma Lopez, Official Court Reporter, 195th Judicial District Court; Felicia Pitre, Dallas County District Clerk; Robert Baskett, and the Dallas County District Attorney's Office.
We DIRECT the Clerk to send a copy of this order, by first-class mail, to Juan Lopez, TDCJ No. 02094151, Hutchins Unit, 1500 E. Langdon Road, Dallas, TX 75241.
The appeal is ABATED to allow the trial court to comply with this order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier. Because he has not received the record, appellant's pro se response is not due.
/s/ ADA BROWN
JUSTICE