Opinion
No. 05-15-00512-CR No. 05-15-00513-CR
01-12-2016
DEVONTA DEON MUNSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7 Dallas County, Texas
Trial Court Cause Nos. F14-58396-Y, F13-21272-Y
ORDER
The Court REINSTATES the appeals.
On September 3, 2015, this Court ordered the trial court to make findings regarding why the reporter's record has not been filed in these appeals. To date, we have not received the trial court's findings, the reporter's record, communication from any of the parties regarding the appeal, nor a response to either of two letters sent to the trial court inquiring about the status of the findings. The appeals cannot proceed until the matter of the reporter's record is resolved.
Accordingly, we ORDER the Honorable Elizabeth Frizell, Presiding Judge of the Criminal District Court No. 7, to make findings of fact regarding whether appellant has been deprived of the reporter's record because of ineffective counsel, indigence, or for any other reason.
• The Honorable Elizabeth Frizell shall first determine whether appellant desires to prosecute the appeals. If the Honorable Elizabeth Frizell determines that appellant does not desire to prosecute the appeals, she shall make a finding to that effect.
• If the Honorable Elizabeth Frizell determines that appellant desires to prosecute the appeals, she shall next determine whether appellant is indigent and entitled to proceed without payment of costs for the reporter's record. If appellant is entitled to proceed without payment of costs, the Honorable Elizabeth Frizell shall make a finding to that effect. Moreover, if appellant is indigent, the Honorable Elizabeth Frizell is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. If the Honorable Elizabeth Frizell finds appellant is not indigent, she shall determine whether retained counsel has abandoned the appeals.
• The Honorable Elizabeth Frizell shall next determine: (1) the name and address of each court reporter who recorded the proceedings in this cause; (2) the court reporter's explanation for the delay in filing the reporter's record; and (3) the earliest date by which the reporter's record can be filed.
We ORDER the Honorable Elizabeth Frizell 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 copies of this order to the Honorable Elizabeth Frizell, Presiding Judge, Criminal District Court No. 7; Vearneas Faggett, official court reporter, Criminal District Court No. 7; Katherine Drew, Dallas County Public Defender's Office; and Lori Ordiway, Dallas County District Attorney's Office.
The appeals are ABATED to allow the Honorable Elizabeth Frizell 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.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE