Opinion
No. 05-19-00790-CR
05-29-2020
JEREMY WAYNE MILLS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas
Trial Court Cause No. F17-72093-U
ORDER
On March 13, 2020, we granted appellant's motion for a supplemental clerk's record consisting of the documents described in the State's September 17, 2018 Notice of Motions Filed and the State's April 8, 2019 Notice of Motions Filed. Our order further noted that "[t]he supplemental clerk's record shall be filed subject to any sealing orders granted by the trial court." After requesting and receiving additional time to locate and file the documents, the Dallas County District Clerk has filed a letter stating the clerk's office does not have the documents and that although the office has reached out to the trial court, it appears no file-stamped copies have been located.
Specifically the (a) Order Sealing Notices and Motions, (b) State's Motion to Require Disclosure of Defense Experts; (c) State's Notice of Experts Who May Be Called to Testify Under Rules 702, 703, and 705, (d) State's Preliminary Witness List, (e) State's Notice of Extraneous Offenses; (f) State's Motion In Limine Concerning Evidence Of Complainant's Sexual Conduct and/ or Opinion or Concerning Character and Reputation Testimony Pursuant To Rules 405, 412 and 608; and (g) State's Notice of Outcry Statement.
Specifically, the (a) Order Sealing Notices and Motions and (b) State's Amended Notice of Extraneous Offenses.
In light of this, we ORDER the trial court to hold a hearing, WITHIN THIRTY DAYS of the date of this order, to determine whether the documents described in the State's September 17, 2018 Notice of Motions Filed and the State's April 8, 2019 Notice of Motions Filed exist and can be filed in a supplemental clerk's record or whether the documents have been lost or destroyed. If the trial court determines the documents exist, the trial court shall order copies of those documents be filed in a supplemental clerk's record.
If the trial court determines that documents have been lost or destroyed, the trial court shall determine whether the documents can be reconstructed and replaced by agreement or by written stipulation of the parties. If the parties cannot agree or stipulate, the trial court is directed to determine what constitutes accurate copies of the documents and order that those copies be included in a supplemental clerk's record. See TEX. R. APP. P. 34.5(e).
We ORDER the Dallas County District Clerk to transmit to this Court, WITHIN FORTY-FIVE DAYS of the date of this order, a supplemental clerk's record containing the written findings of fact made by the trial court, if any, and the copies of the documents determined by the parties or by the trial court to be described in the State's September 17, 2018 Notice of Motions Filed and the State's April 8, 2019 Notice of Motions Filed. A new deadline for the filing of appellant's brief will be established upon reinstatement of the appeal.
We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Huff, Presiding Judge, 291st Judicial District Court; to Dallas County District Clerk Felicia Pitre; and to counsel for all parties.
We ABATE the appeal to allow the trial court to comply with this order. The appeal shall be reinstated when the findings are received or at such other time as the Court deems appropriate.
/s/ BILL PEDERSEN, III
JUSTICE