Opinion
05-22-00106-CR
05-10-2022
DEWIGHT WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F19-76870-N
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE.
The reporter's record was filed on March 15, 2022. Nine days later, court reporter Velma Lopez filed a letter notifying this Court that she was unable to upload State's Exhibit No. 3. In the letter, she states that although the disk she was given was supposed to contain a video (Exhibit 3), the disk does not contain anything. On May 4, 2022, appellate counsel John Tatum filed an Anders brief and a motion to withdraw as counsel. Counsel does not address the missing video in the brief. Before this appeal proceeds further, the issue of the missing exhibit must be addressed.
We ORDER the trial court to hold a hearing at which court reporter Velma Lopez is present and to make findings of fact and recommendations regarding the following:
• Whether appellant timely requested a reporter's record, including State's Exhibit 3;
• Whether a playable and accurate copy of State's Exhibit 3 exists and where is it currently located;
• Whether the playable, accurate copy of State's Exhibit 3 has been changed or altered in any way; and
• Whether, without appellant's fault, the State's Exhibit 3 has been lost or destroyed.
The trial court shall also determine:
• If the State's Exhibit 3 has not been lost or destroyed, the date by which the court reporter can file a supplemental reporter's record containing either the original State's Exhibit 8 or a playable, accurate copy of State's Exhibit 8.
• If the State's Exhibit 3 has been lost or destroyed, whether the lost or destroyed exhibit can be replaced by agreement of the parties or be replaced by a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit, and if so, the date by which the court reporter can file a supplemental reporter's record containing the replacement copy. If the parties cannot agree on a duplicate and the trial court cannot determine a copy to accurately duplicate with reasonable certainty the original
exhibit, the trial court shall determine whether State's Exhibit 3 is necessary to the disposition of this appeal.
We ORDER the trial court to transmit a record containing its written findings of fact, any orders, and any supporting documentation to this Court within TWENTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Hector Garza, Presiding Judge, 195th Judicial District Court; Velma Lopez, official court reporter, 195th Judicial District Court; to Christina O'Neil, Chief Judicial Staff Attorney; and to counsel for all parties.
We ABATE this appeal to allow the trial court to comply with this order. The appeal shall be reinstated in twenty days or when we receive the supplemental record containing the trial court's findings of fact, whichever occurs first.