Opinion
05-21-00624-CR
11-28-2023
BRANDIE OLIVAREZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F19-14122-K
ORDER
DENNISE GARCIA JUSTICE
The clerk's record in this appeal is incomplete because it does not include a copy of the plea agreement leading to the March 6, 2020 Order of Deferred Adjudication.
We ORDER the trial court to hold a hearing on the record within THIRTY DAYS of the date of this order, with counsel for appellant and the State present, and make findings concerning:
• whether the parties entered into a written plea agreement in cause number F19-14122-K;
• the date of any plea agreement in cause number F19-14122-K;
• if there was a plea agreement, whether the district clerk's office has a copy of the plea agreement;
• if there was a plea agreement and the district clerk's office does not have a copy of the plea agreement, whether the parties can agree on what constitutes an accurate copy of the plea agreement.
If there was a plea agreement and the parties can agree on what constitutes an accurate copy of the plea agreement, then the parties shall by written stipulation deliver a copy of the plea agreement to the trial court clerk for inclusion in a supplemental clerk's record. If the parties cannot agree on what constitutes an accurate copy of the plea agreement, the trial court shall determine what constitutes an accurate copy of the plea agreement and shall order it be included in a supplemental clerk's record. See Tex. R. App. P. 34.5(e).
We ORDER the trial court to transmit its findings and any orders to this Court within FORTY-FIVE DAYS of the date of this order.
We ORDER the court reporter to file a supplemental reporter's record containing a transcription of the hearing required by this order within FORTY-FIVE DAYS of the date of this order.
If the trial court finds there was a plea agreement, the district clerk shall file a supplemental clerk's record containing a copy of the plea agreement, either a copy of the original plea agreement, a copy stipulated by the parties, or a copy found by the trial court to constitute an accurate copy, within FORTY-FIVE DAYS of the date of this order.
We ABATE this appeal to enable the trial court to comply with this order. This appeal will be reinstated when the trial court's findings are filed in this Court or at such other time as the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4, Dallas County; Felicia Pitre, Dallas County District Clerk; Charon Evans, Official Court Reporter for Criminal District Court No. 4; and counsel for all parties.