Opinion
05-23-01257-CR
10-17-2024
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
We REINSTATE this appeal.
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, 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." We granted the extension and ordered the reporter's record filed by August 12, 2024. Despite giving Ms. Young more time than she requested, she did not file the reporter's record.
On September 6, 2024, we ordered Ms. Young not to sit as a court reporter until she filed the complete reporter's record, and we abated the appeal and ordered the trial court to hold a hearing and make findings concerning the reporter's record. The trial judge filed findings stating Ms. Young told him on September 18, 2024, that she had filed the reporter's record, and he requested that we vacate our order that Ms. Young not sit. We denied the trial court's request to let Ms. Young resume her duties as a court reporter because, in fact, Ms. Young had not filed the reporter's record.
On September 26, 2024, this Court received additional findings from the trial judge stating Ms. Young's failure to file the reporter's record "was due to the voluminous size of the exhibit volume, which she had not initially realized." Both the Clerk of this Court and the Court's IT Administrator have attempted to contact Ms. Young to assist her in filing the record, but she has not responded to them.
On October 8, 2024, Ms. Young e-mailed our Clerk stating that she had COVID and that there were other family illnesses. However, she stated, "I have the exhibits scanned and bookmarked and really honestly plan to get it in tomorrow." On October 14, 2024, the Court received another e-mail from Ms. Young stating, "I got the proofed version back, I'm going to make corrections and upload it."
As of the date of this order, Ms. Young has not filed the reporter's record. She has told the trial judge, the Honorable Michael Snipes, that she had filed the reporter's record, and she has stated to this Court that she would be filing the reporter's record the same day; however, these statements to this Court and the trial judge have not been accurate. The reporter's record is now nine months overdue.
We ORDER the Honorable Michael Snipes to hold a hearing on the record within TEN DAYS of the date of this order and make findings concerning why the reporter's record has not been filed. At the hearing, Ms. Young shall present to Judge Snipes the portions of the record she has completed, and she shall inform Judge Snipes what portions of the record have not been completed, including whether all the exhibits have been prepared for filing with this Court. Based on the portions of the reporter's record Ms. Young provides to Judge Snipes, he shall make a finding as to whether Ms. Young has completed the reporter's record.
If Judge Snipes finds that the reporter's record has not been completed, Judge Snipes shall order Ms. Young to turn over any and all completed portions along with her notes and all other materials for this case, and Judge Snipes shall appoint another court reporter to complete and file the reporter's record. Judge Snipes shall make a finding of the court reporter appointed to complete and file the reporter's record.
If Judge Snipes finds Ms. Young has completed the reporter's record but has not filed it, Judge Snipes shall make findings concerning why it has not been filed and the date Ms. Young expects to file it.
This Court's order that Ms. Young not sit as a court reporter shall remain in effect until the reporter's record for this case is filed in this Court regardless of who completes and files the reporter's record.
Judge Snipes shall also make a finding whether Ms. Young has complied with this Court's order that she not sit as a court reporter until the reporter's record in this appeal has been filed. If Judge Snipes finds that she sat as a court reporter after September 6, 2024, Judge Snipes shall make a finding of the cause number, the style of the case, the date of the hearing or other proceeding, and the presiding judge (if any) at the hearing or other proceeding where Ms. Young sat as a court reporter after September 6, 2024.
The trial court shall transmit its findings and any necessary orders to this Court within TWENTY 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 TWENTY 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; the Honorable Hector Garza, Presiding Judge, 195th Judicial District Court, and Presiding Judge of the Dallas County Criminal District Courts; 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.