Alexander Roberson v. State ( 2014 )

Order entered June 25, 2014 In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01416-CR ALEXANDER ROBERSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F12-58374-H ORDER The record was due in this appeal on January 31, 2014. Official Court Reporter Vicki L. Tuck requested and received two extensions from the Court to file the reporter’s record. Since the expiration of the last extension period, on May 4, 2014, Tuck has neither filed the reporter’s record nor communicated with the Court about the overdue record. Because no reporter’s record has been filed within the time allowed, the trial court is ORDERED to make findings of fact regarding whether appellant has been deprived of the reporter’s record because of ineffective assistance of 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) whether appellant requested preparation of the reporter’s record; (2) the date such request was made; and (3) whether appellant, if not indigent, paid or made arrangements to pay for preparation of the reporter’s record. See TEX. R. APP. P. 35.3, 37.3. The trial court shall next determine: (1) the name and address of each court reporter who recorded the proceedings in this cause; (2) whether the notes from any hearings are available; (3) if available, whether the notes can be transcribed; (4) the name and address of the court reporter who will transcribe the notes; (5) the court reporter’s explanation for the delay in filing the reporter’s record; and (6) the earliest date by which the reporter’s record can be filed. We ORDER the trial court to transmit to this Court a supplemental clerk’s record, containing the written findings of fact, any recommendations, any supporting documentation, and any orders within THIRTY DAYS of the date of this order. This 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 supplemental record is received, whichever is earlier. /s/ LANA MYERS JUSTICE