Opinion
No. 05-19-00194-CR
12-08-2020
EDWARD LAMAR PORTER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F18-00712-T
ORDER
On November 6, 2020, we granted appellant's motion to supplement the clerk's and reporter's records. On November 30, 2020, the supplemental clerk's record was filed. On December 3, 2020, court reporter Vearneas Faggett filed a letter stating she has no record of the November 15, 2018 hearing and has transcribed everything she has in the above appeal. Ms. Faggett indicated she had contacted the previous court reporter who likewise did not have a record of the hearing at issue. However, the supplemental clerk's record contains the trial court's docket sheet which indicates appellant was admonished, rejected the State's plea agreement offer, and "wants to represent himself pro se" on November 15, 2018.
Because it is not clear whether a court reporter was present at the November 15, 2018 hearing, we ORDER the trial court to hold a hearing at which court reporter Vearneas Faggett is present and to make findings regarding the following:
(1) whether a court reporter was present at the November 15, 2018 pretrial hearing held in trial court cause number F18-75046-T;
(2) if a court reporter was present, the name and contact information of the court reporter and the date the reporter will have the supplemental reporter's record from the November 15, 2018 hearing filed with this Court; and
(3) if the court reporter was present but no longer has the notes of the hearing, whether appellant timely requested the record; if the record has been lost or destroyed, whether appellant is at fault for the loss or destruction of the record; and whether appellant and the State can agree to a substituted record. See TEX. R. APP. P. 34.6(f).
We ORDER the trial court to transmit a supplemental record containing its 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 Lela Mays, Presiding Judge, 283rd Judicial District Court; Vearneas Faggett, court reporter, 283rd Judicial District Court; and counsel for the parties.
We ABATE the appeal to allow the trial court to comply with this order. The appeal shall be reinstated in thirty days or when we receive the supplemental record containing its findings of fact, whichever occurs first.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE