Opinion
No. 05-13-00292-CR
2013-09-10
PERRY SMART, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-56097-P
ORDER
The Court REINSTATES the appeal.
On August 9, 2013, we ordered the trial court to make findings regarding why the reporter's record had not been filed. On September 6, 2013, we received the reporter's record. Therefore, in the interest of expediting the appeal, we VACATE the August 9, 2013 order requiring findings.
We GRANT the August 21, 2013 extension request file by Lizabeth Kellett. The reporter's record is considered properly filed.
We note that while the Master Index contains the list of exhibit numbers and where in the record the exhibits were admitted into evidence, the list does not identify what those exhibits are. Moreover, the exhibit volume does not contain an index of the exhibits contained therein. Therefore, the reporter's record is not in compliance with rule 3.23 of the Uniform Format Manual for Texas Reporters' Records.
Accordingly, we ORDER Lizabeth Kellett, official court reporter, 203rd Judicial District Court, to file, within TEN DAYS of the date of this order, an amended Master Index the complies with the rules and correctly identifies the exhibits by number, description, and detail of where they were offered and admitted into evidence. If Ms. Kellett does not file the amended Master Index within the time specified, the Court will utilize the available remedies, including ordering that she not sit as a court reporter until she has complied with this order.
We ORDER appellant to file his brief within FORTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Teresa Hawthorne, Presiding Judge, 203rd Judicial District Court; Lizabeth Kellett, official court reporter, 203rd Judicial District Court; and to counsel for all parties.
DAVID EVANS
JUSTICE