Opinion
05-23-01257-CR
09-06-2024
SUNG HONG, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F20-37277
ORDER
NANCY KENNEDY JUSTICE
The reporter's record is overdue. The record was originally due January 16, 2024. This Court notified the court reporter, LaToya Young, on January 26, 2024, that the reporter's record was overdue. The Court granted Ms. Young five extensions of time to file the reporter's record on March 13, 2024, April 19, 2024, May 23, 2024, June 12, 2024, and July 12, 2024. In her request for extension filed July 10, 2024, Ms. Young stated, "I am writing to ask the Court for one last extension until Friday July 12, 2024." Although we granted Ms. Young an extension until August 12, 2024, Ms. Young has not filed the reporter's record, and she has not communicated with this Court since July 10, 2024. The record is now more than seven months overdue.
We ORDER that court reporter LaToya Young not sit as a court reporter until the complete reporter's record is filed in this case.
We further ORDER the trial court to hold a hearing on the record within TWENTY DAYS of the date of this order and make findings concerning why the reporter's record has not been filed.
The trial court's findings shall include the reason the reporter's record has not been timely filed, the date Ms. Young reasonably expects to file the reporter's records, whether Ms. Young's notes may be transcribed by another court reporter, and the date by which another court reporter could file the reporter's record.
The trial court's findings shall also include whether any part of the record has been lost or destroyed. If the trial court finds that part of the record has been lost or destroyed, then the court shall determine whether a significant exhibit or a significant portion of the court reporter's notes or records have been lost or destroyed, whether appellant was at fault for the loss or destruction of the exhibit or the court reporter's notes or records, whether any lost or destroyed portion of the court reporter's notes or records can be replaced by agreement of the parties and whether a lost or destroyed exhibit can be replaced by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit.
The trial court shall transmit its findings and any necessary orders to this Court within THIRTY DAYS of the date of this order.
The court reporter for the hearing required by this order shall file a reporter's record of the hearing within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Michael Snipes, Senior Judge Presiding, 282nd Judicial District Court; Felicia Pitre, Dallas County District Clerk; Lisa Jackson, Official Court Reporter, 282nd District Court; Dallas County Auditor's Office; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.