Opinion
05-23-01244-CR
11-05-2024
EBBY DEWAYNE WADE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 073026
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
We REINSTATE this appeal.
On October 25, 2024, the trial court signed findings concerning the appellate record. We adopt the trial court's findings. The record is complete as of November 4, 2024.
Appellant's October 7, 2024 motion to strike the trial court's findings of fact concerning the appellate record as well as the hearing and request a new hearing is DENIED.
Appellant's October 11, 2024 motion to amend, correct and supplement the record is DENIED.
Appellant's October 11, 2024 motion for emergency stay of appellate proceedings/deadlines and extension to file brief is DENIED.
Appellant's October 24, 2024 request for a new T.R.A.P. hearing and the appointment of an independent court reporter and the use of a court ordered court reporter is DENIED.
Appellant's October 28, 2024 motion for and in support of a new trial is DENIED.
Appellant's October 28, 2024 request for permission to exceed 50 pages in appellate brief is GRANTED to the extent that the brief's statement of facts, summary of the argument, argument, and prayer may not exceed 75 pages in total.
Appellant's October 24, 2024 motion to inspect the digital portions of the record is GRANTED. We ORDER the trial court to enter such orders as are necessary for appellant, within THIRTY DAYS of the date of this order, to watch, listen to, and take notes concerning the electronic exhibits in the reporter's record, including State's exhibits 1A, 7, 9, 19, 20, 23, 24, 41, 42, 43, 108A, 109A, 157, 183, 186, 187, and 188. The trial court shall send this Court written notice within FIVE DAYS after appellant has reviewed the electronic exhibits.
This Court will set the due date for appellant's brief after the Court receives notice that appellant has reviewed the electronic exhibits.
We DIRECT the Clerk to send copies of this order to the Honorable Brian Gary, Presiding Judge, 397th Judicial District Court; Kelly Ashmore, Grayson County District Clerk; Paula Thomas, Official Court Reporter, 397th District Court; appellant Ebby Dewayne Wade; 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 notice that appellant has review the electronic exhibits or at such other time as the Court deems appropriate.