Bertha Mancilla v. State ( 2015 )

Order entered July 21, 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 Court REINSTATES the appeal.
On May 18, 2015, this Court ordered the trial court to make findings of fact regarding
why the reporter’s record has not been filed. We also ordered the trial court to prepare and file a
certification of appellant’s right to appeal. To date, we have not received the findings, the
certification, the reporter’s record, or a response to either of two letters inquiring about the status
of the findings. The appeal cannot proceed until the issue of the reporter’s record is resolved.
Accordingly, 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 TWENTY 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.
We DIRECT the Clerk to send copies of this order to the Honorable Rick Magnis,
Presiding Judge, 283rd Judicial District Court; Mary Snider, official court reporter, 283rd
Judicial District Court; and to counsel for all parties.
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