Opinion
05-23-00828-CR
02-13-2024
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. On January 5, 2024, court reporter Debi Harris informed this Court that there were other court reporters who reporter the trial, including Sharina Fowler and Norma Rico; that Ms. Fowler had completed her portion of the record; but that requests for extension to file the reporter's record had to be filed because Ms. Rico had not completed her portion of the record. Ms. Harris requested an extension through February 9, 2024, because she "felt her [Ms. Rico's] volume can be finished by that date." Ms. Rico has not requested an extension from this Court. February 9, 2024, has passed, but the reporter's record has not been filed.
We ORDER that court reporter Norma Rico NOT SIT as a court reporter until the complete reporter's record is filed in this case.
We ORDER the Honorable Lela D. Mays, Presiding Judge, 283rd Judicial District Court, to hold a hearing within TWENTY DAYS of the date of this order with Ms. Rico, Ms. Harris, and Sharina Fowler, Official Court Reporter, 283rd Judicial District Court, 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. Rico reasonably expects to complete her portion of the reporter's record, the date Ms. Harris, Ms. Fowler, and Ms. Rico reasonable expect to file the complete reporter's record including all exhibits; whether Ms. Rico's notes may be transcribed by another court reporter, the date by which another court reporter could complete Ms. Rico's portion of the reporter's record, and the identity of any court reporter appointed to complete Ms. Rico's portion of the record. The Court observes that in another case, the trial court relieved Ms. Rico of her duties to complete the record and engaged other court reporters to take over preparation of the 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 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; Felicia Pitre, Dallas County District Clerk; Sharina Fowler, Official Court Reporter, 283rd Judicial District Court; Debi Harris, Deputy Reporter, 283rd Judicial District Court; Norma Rico, Court Reporter; Dallas County Auditor's Office; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.