State v. Vanga

Full title: THE STATE OF TEXAS, Appellant v. PAVANKUMAR VANGA, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Oct 25, 2023

No. 05-23-00645-CR (Tex. App. Oct. 25, 2023)

Opinion

05-23-00645-CR

10-25-2023

THE STATE OF TEXAS, Appellant v. PAVANKUMAR VANGA, Appellee

ERIN A. NOWELL, JUSTICE

On Appeal from the County Criminal Court No. 6 Dallas County, Texas Trial Court Cause No. M-22-10331

ORDER

ERIN A. NOWELL, JUSTICE

ORDER We REINSTATE this appeal.

On September 13, 2023, this Court ordered the trial court to: (1) Make written findings as to:

(a) whether the trial court has appointed an official court reporter as required by Section 52.041 of the Government Code, and if so, the identity of that court reporter;

(b) if the trial court has not appointed an official court reporter, the identity of the deputy reporters, if any, who transcribed:

1. any hearing related to appellee's motion for new trial, other than the June 8, 2023 hearing already on file;

2. any findings of fact and conclusions of law related to appellee's motion for new trial; and

3. Appellee's plea of guilty or nolo contendere on April 5, 2023.

(2) If there is no identifiable transcript of the trial court's findings of fact and conclusions of law related to appellee's motion for new trial, then make written findings of fact and conclusions of law; and

(3) Conduct a hearing on the record to determine whether State's Exhibit A has been lost, and if so, whether the lost exhibit can be replaced either by agreement of the parties or with a copy that the trial court determines to accurately duplicate with reasonable certainty the original exhibit.

We ordered the trial court to file a supplemental clerk's record containing the court's written findings and orders pursuant to this order within thirty days of the date of the order. Additionally, we ordered the court reporter to file a supplemental reporter's record containing a transcription of the hearing as required by the order within thirty days of the date of the order.

We received the trial court's supplemental record filed in this Court on October 20, 2023. The supplemental record identified the court reporter in this case as of October 16, 2023. The record also contains the trial court's findings of fact and conclusions of law related to appellee's motion for new trial.

The supplemental record, however, does not identify the court reporter who transcribed:

1. any hearing related to appellee's motion for new trial, other than the June 8, 2023 hearing already on file; and

2. Appellee's plea of guilty or nolo contendere on April 5, 2023. Additionally, the supplemental record does not contain a transcript of a

hearing conducted to determine whether State's Exhibit A has been lost, and if so, whether the lost exhibit can be replaced either by agreement of the parties or with a copy that the trial court determines to accurately duplicate with reasonable certainty the original exhibit.

Accordingly, we ORDER the trial court to file a supplemental clerk's record containing the missing court reporter identifications within THIRTY DAYS of the date of this order. Additionally, the court reporter shall file a supplemental reporter's record containing a transcription of the hearing as required by this order within THIRTY DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order to the Honorable Angela King, Presiding Judge, County Criminal Court No. 6; Sharon Rodriguez, Court Reporter; John F. Warren, Dallas County Clerk; Christina O'Neil, Chief Judicial Staff Counsel Criminal District Courts; and counsel for all parties.

This appeal is ABATED for the trial court to comply with the above order. The appeal will be reinstated when the supplemental clerk's and reporter's records containing the trial court's findings, recommendations, and orders are received or at such other time as the Court deems proper.