Opinion
05-23-00828-CR
01-04-2024
JOSE TAMEZCANO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F19-76346-T
ORDER
NANCY KENNEDY JUSTICE
The reporter's record is overdue. The reporter's record was originally due April 11, 2023. On September 19, 2023, court reporter Sharina Fowler informed this Court that she was not notified there was an appeal of this case until August 22, 2023, and she requested an extension of time to file the reporter's record. On September 21, 2023, we granted Ms. Fowler an extension of time and ordered her to file the reporter's record by October 23, 2023. On November 14, 2023, we ordered Ms. Fowler to file the reporter's record by November 29, 2023. We cautioned Ms. Fowler that if the reporter's record was not filed by that date, the Court would take action to assure filing of the reporter's record, including ordering that Ms. Fowler not sit as a court reporter until the complete reporter's record is filed. As of the date of this order, the reporter's record has not been filed, and Ms. Fowler has not communicated with the Court concerning the reporter's record since September 19, 2023.
We ORDER that Sharina Fowler NOT SIT as a court reporter until the complete reporter's record is filed in this case.
We further ORDER the Honorable Lela Mays, Presiding Judge, 283rd Judicial District Court, to hold a hearing within TWENTY DAYS of the date of this order with Ms. Fowler and counsel for appellant and the State in attendance 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. Fowler reasonably expects to complete the reporter's record; and the date Ms. Fowler reasonably expects to file the complete reporter's record including all exhibits. If the date Ms. Fowler expects to file the reporter's record is more than fifteen days after the hearing, the trial court shall find whether Ms. Fowler's notes may be transcribed by another court reporter, and the date by which another court reporter could complete Ms. Fowler's portion of 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 the lost or destroyed portion of the court reporter's notes 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 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 of fact and conclusions of law or at such other time as the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Lela D. Mays, Presiding Judge, 283rd Judicial District Court; Sharina Fowler, Official Court Reporter, 283rd Judicial 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.