Opinion
No. 05-17-01108-CR No. 05-17-01109-CR
02-12-2018
TERRENCE MIMS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F15-58852-T & F16-60694-T
ORDER
Before the Court is appellant's February 8, 2018 motion to supplement the reporter's record and clerk's record with omitted material and to hold the briefing schedule in abeyance. In the motion, appellant states he requested the reporter's record for the February 8, 2016 hearing as well as copies of the Pre-sentencing Investigation Report and CATS evaluation. To date, these items have not been filed.
We GRANT appellant's motion to the extent we ORDER the trial court to hold a hearing to determine:
• whether the February 8, 2016 hearing was recorded;
• if the February 8, 2016 hearing was recorded, the name of the court reporter who recorded it, the court reporter's explanation for the delay in filing the reporter's record; and the earliest date by which the reporter's record can be filed; and
• whether the PSI and/or CATS was offered and admitted into evidence or whether the trial court took judicial notice of the PSI and/or CATS evaluation.
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.
These appeals are ABATED to allow the trial court to comply with this order. The appeals shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.
We DIRECT the Clerk to send copies of this order to Judge Livia Liu Francis, Presiding Judge, 283rd Judicial District Court; to the official court reporter of the 283rd Judicial District Court; to Anne B. Meredith, certified shorthand reporter; to Jan Williams, court reporter, Criminal District Court No. 6; to Patricia Holt, court reporter; and to counsel for all parties.
/s/ LANA MYERS
JUSTICE