Opinion
No. 05-16-00846-CR No. 05-16-01160-CR
08-22-2017
DOUGLAS ALLEN MACHUTTA, Appellant v. THE STATE OF TEXAS, Appellee THE STATE OF TEXAS, Appellant v. DOUGLAS ALLEN MACHUTTA, Appellee
On Appeal from the Criminal District Court No. 7 Dallas County, Texas
Trial Court Cause No. F15-23625-Y
ORDER
We REINSTATE these appeals.
We abated these appeals for the trial court to hold a hearing to determine the status of the reporter's record of a pretrial hearing "held on May 26, 2016 or possibly another date." On August 21, 2017, the trial court's August 16, 2017 findings of fact were filed. We ADOPT the trial court's findings that (1) appellant timely requested the reporter's record; (2) despite the trial court's docket entry, no pretrial hearing was held on May 26, 2016; and (3) despite the trial court's comments on June 27, 2017, there was no pretrial hearing on any date prior to June 27, 2016.
As these appeals are reinstated, we DENY the State's motion to reinstate as moot.
The State filed its brief in appellate cause number 05-16-01160-CR on March 5, 2017. We ORDER appellant Douglas Allen Machutta to file his brief in appellate cause number 05-16-00846-CR within THIRTY DAYS of the date of this order.
/s/ LANA MYERS
JUSTICE