Bertha Mancilla v. State ( 2015 )


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  • Order entered May 18, 2015
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-14-01427-CR
    BERTHA MANCILLA, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 283rd Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F13-24729-T
    ORDER
    The reporter’s record is overdue in this appeal. We also note that the clerk’s record does
    not contain the trial court’s certification of appellant’s right to appeal. Accordingly, we ORDER
    the following.
    We ORDER the trial court to prepare a certification of appellant’s right to appeal that
    accurately reflects the trial court proceedings. See TEX. R. APP. P. 25.2(a), (d); Cortez v. State,
    
    420 S.W.3d 803
    (Tex. Crim. App. 2013).
    We further ORDER 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. We further ORDER that the supplemental record with the findings contain the
    trial court’s certification of appellant’s right to appeal.
    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
    

Document Info

Docket Number: 05-14-01427-CR

Filed Date: 5/18/2015

Precedential Status: Precedential

Modified Date: 9/30/2016