Hershell L. Stewart v. State ( 2015 )

Order entered October 5, 2015 In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00352-CR HERSHELL L. STEWART, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F12-57547-Y ORDER On July 10, 2015, this Court ordered the trial court to make findings regarding why the reporter’s record has not been filed. In response, court reporter Vearneas Faggett filed an extension request specifying difficulties she was having with the record. Therefore, on August 13, 2015, we vacated our July 10, 2015 order and ordered Ms. Faggett to file the reporter’s record by September 11, 2015. To date, Ms. Faggett has not filed the reporter’s record. Accordingly, we 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. 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/ LANA MYERS JUSTICE