Cain, Cecil v. State ( 2012 )

Order issued September 12, 2012 In The Qinurt nf Appeals lF.iftiJ iJi.stri.ct nf Wcxa.s at ilalla.s No. 05-12-00580-CR No. 05-12-00581-CR CECIL CAIN, Appellant v. THE STATE OF TEXAS, Appellee On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F10-53683-Q, F10-53684-Q ORDER On August 21, 2012 the Court issued an order directing the district clerk to file with the Clerk of the Court either a supplemental clerk's record containing a copy of the State's Notice of Intent to Enhance Punishment or else a Jetter stating that the clerk's record cannot be supplemented as ordered. The district clerk has responded by filing a Jetter stating the requested document is not within the district clerk's possession. Accordingly, we ORDER the trial court to conduct a hearing to determine: (I) whether the State's Notice of Intent to Enhance Punishment has been lost or destroyed; (2) whether appellant is at fault for the Joss of the document; and (3) whether the document can be replaced either by agreement of the parties or with copies determined by the trial court to accurately duplicate with reasonable certainty the original document. See TEx. R. APP. P. 34.5(e). We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within SIXTY (60rDAYS ofthe date ofthis order. This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated sixty (60) days from the date of this order or when the findings are received, whichever is earlier. ut~lil~ 0 LANAMYERS JUSTICE -2-