Opinion
05-24-00791-CR
12-03-2024
ADRIAN MARTIN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F23-10007
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
Before the Court is court reporter LaToya Young's fourth request for extension of time to file the reporter's record, filed December 2, 2024. The reporter's record was originally due July 1, 2024.
On July 2, 2024, Velma Loza, the Official Court Reporter of the 195th District Court, notified this Court that Ms. Young and Karren Jones were the court reporters for this case; Ms. Loza stated she was notifying them of the appeal that day.
On July 3, 2024, this Court notified Ms. Young that the reporter's record was overdue, and we directed her to file the reporter's record within 30 days.
On August 16, 2024, this Court ordered Ms. Young to file the reporter's record by September 3, 2024.
On September 9, 2024, Ms. Young requested a 30-day extension of time to file the reporter's record; this Court granted the request and ordered her to file the reporter's record by October 9, 2024.
When the reporter's record was not filed by October 17, 2024, this Court ordered Ms. Young to file the reporter's record by November 1, 2024. We cautioned Ms. Young that if she did not file the reporter's record by November 1, 2024, the Court might order that she not sit as a court reporter until the complete reporter's record is filed.
On November 6, 2024, Ms. Young requested an extension of time to file the reporter's record, seeking an extension until November 20, 2024. This Court granted the request and ordered her to file the reporter's record by November 20, 2024. We again cautioned Ms. Young that if she did not file the reporter's record by that date, the Court might order that she not sit as a court reporter until the complete reporter's record is filed.
On November 25, 2024, Ms. Young filed another request for extension stating she had received the volumes prepared by Ms. Jones, and Ms. Young requested an extension of two days in order to retrieve the exhibits, scan them, and file the reporter's record. We granted the motion and ordered her to file the complete reporter's record by November 27, 2024. Ms. Young did not file the reporter's record by November 27, 2024, which was the day before Thanksgiving Day, nor did she file it on December 2, 2024, when the Court reopened after Thanksgiving Day.
On December 2, 2024, Ms. Young filed the fourth request for extension of time to file the reporter's record. In this motion, Ms. Young states she is "asking for 3 days to complete the exhibit volume and be able to bring in the electronic exhibits." Ms. Young's request provides no explanation for why she was not able to complete the exhibit volume and file the complete record between November 25 and December 2, 2024. We DENY the request.
We ORDER that court reporter LaToya Young not sit as a court reporter until further order of this Court, which will not be until after the complete reporter's record is filed in this case.
We further ORDER the trial court to hold a hearing on the record within TWENTY DAYS of the date of this order and make findings concerning why the reporter's record has not been filed.
The trial court's findings shall include the reason the reporter's record has not been timely filed, the date Ms. Young reasonably expects to file the reporter's record, whether Ms. Young's notes may be transcribed by another court reporter, and the date by which another court reporter could file the reporter's record.
The trial court's findings shall also include whether any part of the record has been 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 transmit its findings and any necessary orders to this Court within THIRTY DAYS of the date of this order.
The court reporter for the hearing required by this order shall file a reporter's record of the hearing within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Hector Garza, Presiding Judge, 195th Judicial District Court; Felicia Pitre, Dallas County District Clerk; Velma Loza, Official Court Reporter, 195th District Court; Karren Jones, 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.