Opinion
No. 05-16-01321-CR
06-20-2017
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F-1575812-T
ORDER
Before the Court are appellant's June 6, 2017 initial motion for extension of time to file brief and the May 8, 2017 request for extension of time filed by court reporter Mary Snider. A review of this appeal shows the reporter's record was filed February 27, 2017. One month later, appellant filed a motion for extension of time to file his brief which the Court granted. On April 24, 2017, the State and appellant filed a joint motion to abate the appeal, noting for the first time that the State's exhibits 32, 36, and 46 were missing from the reporter's record. We granted the motion to the extent we ordered court reporter Mary Snider to file a supplemental reporter's record by May 7, 2017.
The day after the May 7 deadline, Ms. Snider filed a request for additional time, noting that the trial court scheduled a hearing on the missing exhibits for May 16, 2017. We granted the request and ordered the supplemental record filed by May 26. On June 6, after appellant filed another motion for extension of time, we ordered Ms. Snider to file, on or before Friday June 16, 2017, either the supplemental record with the missing exhibits or a status update of the May 16 hearing on the exhibits.
On June 19, court reporter Mary Snider again filed the May 8, 2017 request asking that she "have until after [the May 16, 2017] hearing to file a supplemental record containing the State's Exhibits 32, 36, and 46." Because it is not clear whether the trial court has held a hearing or what the status of the missing exhibits is, we ORDER the trial court to make findings of fact regarding the following:
• Whether appellant timely requested a reporter's record;
• Whether, without appellant's fault, the State's Exhibits 32, 36, and 46 have been lost or destroyed;
• If the State's Exhibits 32, 36, and 46 are lost or destroyed, whether they are necessary to the appeal's resolution; and
• Whether the lost or destroyed exhibits can be replaced by agreement of the parties or be replaced by copies determined by the trial court to accurately duplicate with reasonable certainty the original exhibits.
We ORDER the trial court to transmit a record containing its written findings of fact, any orders, and any supporting documentation 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 Rick Magnis, Presiding Judge, 283rd Judicial District Court; Mary Snider, court reporter, 283rd Judicial District Court; and to counsel for all parties.
The appeal is ABATED to allow the trial court to comply with this order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.
/s/ ADA BROWN
JUSTICE