Williams v. State

Full title: DAMOND WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 25, 2017

No. 05-16-01305-CR (Tex. App. Apr. 25, 2017)

Opinion

No. 05-16-01305-CR

04-25-2017

DAMOND WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee

ADA BROWN JUSTICE

On Appeal from the 291st Judicial District Court Dallas County, Texas
Trial Court Cause No. F14-75914-U

ORDER

Before the Court is appellant's April 21, 2017 motion to abate the appeal and to remand to the trial court for a hearing on the reporter's record. A review of this appeal shows appellant timely filed his notice of appeal November 2, 2016. The record was due February 17, 2017.

The clerk's record was filed February 21, 2017. In December 2016, the reporter's record from the first trial was filed; however, the Court is still waiting for court reporter Robin Washington to file the reporter's record for the subsequent trial (the trial court declared a mistrial at the conclusion of the first trial). Although we have granted two requests to extend time, the record has not been filed and the Court has not received any communication from Ms. Washington since March 27, 2017.

We GRANT appellant's motion. We ORDER the trial court to make findings of fact regarding why court reporter Robin Washington has not filed the reporter's record. If the reporter's record can be transcribed, the trial court shall determine the earliest date by which Ms. Washington can file the reporter's record. If the reporter's record cannot be transcribed, the trial court shall determine why it cannot be transcribed, including whether the record has been lost or destroyed, whether appellant is at fault for the loss or destruction of the record, and whether the parties can agree on a substituted record. See TEX. R. APP. P. 34.6(f).

We ORDER the trial court to transmit a record, containing the written findings of fact, any supporting documentation, and any orders, to this Court within FIFTEEN DAYS of the date of this order.

The appeal is ABATED to allow the trial court to comply with this order. The appeal shall be reinstated fifteen days from the date of this order or when the findings are received, whichever is earlier.

We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Mitchell, Presiding Judge, 291st Judicial District Court; Robin Washington, court reporter; Sasha Brooks, official court reporter, 291st Judicial District Court; and to counsel for all parties.

/s/ ADA BROWN

JUSTICE