Opinion
05-22-00111-CR 05-22-00112-CR05-22-00117-CR 05-22-00118-CR
06-01-2022
CARLOS RODRIGUEZ ZUNIGA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F21-40350-X, F19-57743-X, F21-175380-X & F20-71001-X
ORDER
ROBERT D. BURNS, III, CHIEF JUSTICE
Before the Court is appellant's May 25, 2022 motion to supplement the clerk's record in cause number 05-22-00118-CR (trial court cause number F20-71001-X) because the judgment for F20-71001-X is not in the clerk's record. After reviewing the clerk's record in 05-22-00118-CR, we agree with appellant. The clerk's record in 05-22-00118-CR contains a February 11, 2022 judgment out of the 292nd Judicial District Court for Goldie Don Ervin in trial court cause number F21-70659-V. Mr. Ervin is not a party to this appeal and, in fact, has not filed an appeal. A review of the documents contained in OnBase shows Mr. Ervin's judgment is the only judgment filed in appellant's case documents in F20-71001-X.
Because the rules of appellate procedure specifically provide that the clerk's record "must include" the trial court's judgment, Tex.R.App.P. 34.5(a)(5), we GRANT appellant's motion and ORDER the trial court to hold a hearing to determine the status of the trial court's judgment in F20-71001-X (appellate cause number 05-22-00118-CR). Specifically, the trial court shall determine:
• Whether the trial court's judgment has been lost or destroyed;
• If the judgment has been lost or destroyed, whether the parties can agree on a copy that accurately duplicates with reasonable certainty the original judgment.
If the parties cannot agree on a copy, the trial court must then determine what constitutes an accurate copy of the trial court's judgment and order that it be included in a supplemental clerk's record to this Court. Tex.R.App.P. 34.5(e).
We ORDER the trial court to transmit its written findings of fact, any orders, and any supporting documentation to this Court in supplemental clerk's and reporter's records within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Jeanine Howard, Presiding Judge, Criminal District Court No. 6; Jan Williams, official court reporter, Criminal District Court No. 6; Felicia Pitre, Dallas County District Clerk; Regina Taylor, Dallas County Deputy District Clerk; Christina O'Neil, Chief Judicial Staff Counsel, 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 thirty days or when we receive the supplemental record containing the trial court's findings of fact, whichever occurs first.