Opinion
No. 05-16-01091-CR
12-08-2016
BLAKE ANTHONY WOODALL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 2 Collin County, Texas
Trial Court Cause No. 002-88546-2015
ORDER
The clerk's and reporter's records were due October 10, 2016. We informed the district clerk and the court reporter by postcard dated October 11, 2016 that the records were overdue. In response, they informed the Court that appellant, who had not been declared indigent, had not paid or made arrangements to pay for the records. We then notified appellant's retained attorney and instructed him to notify the Court of the status of payment by November 8, 2016. On November 23, 2016, the clerk's record was filed with the Court. To date, the reporter's record has not been filed, and appellant has not communicated with the Court.
Therefore, the Court ORDERS the trial court to make findings of fact regarding whether appellant has been deprived of the reporter's record because of ineffective counsel, indigence, or for any other reason.
• The trial court shall first determine whether appellant desires to prosecute the appeal. If the trial court determines that appellant does not desire to prosecute the appeal, it shall make a finding to that effect.
• If the trial court determines that appellant desires to prosecute the appeal, it shall next determine whether appellant is indigent and entitled to proceed without payment of costs for the reporter's record. If appellant is entitled to proceed without payment of costs, the trial court shall make a finding to that effect. Moreover, if appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. If the trial court finds appellant is not indigent, it shall determine whether retained counsel has abandoned the appeal.
• The trial court shall next determine: (1) the name and address of each court reporter who recorded the proceedings in this cause; (2) the court reporter's explanation for the delay in filing the reporter's record; and (3) the earliest date by which the reporter's record can be filed.
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 THIRTY 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 thirty days from the date of this order or when the findings are received, whichever is earlier.
/s/ ADA BROWN
JUSTICE