L.D. Miller v. State ( 2015 )

Order entered December 31, 2015 In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01355-CR L.D. MILLER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F11-27250-Y ORDER The Court REINSTATES the appeal. On November 10, 2015, we ordered the trial court to make findings regarding the completeness of the reporter’s record in this appeal. We ADOPT the findings that: (1) the Honorable Elizabeth Frizell is not the judge who presided over the trial and has no personal knowledge of the case; (2) the docket sheet reflects hearings were conducted as follows:  October 11, 2011: bond hearing  October 12, 2011: bond hearing  May 10, 2013: pretrial hearing  October 15, 2013: hearing on motion for continuance  April 8, 2014: jury selection  April 9, 2014: jury trial  May 13, 2014: hearing on motion to reinstate bond  May 27, 2014: admonished on 20-year offer  October 7, 2014: jury selection, punishment phase only  October 8, 2014: verdict (3) Sharon Hazlewood, the court reporter who participated in the case, is ill and cannot perform any meaningful work in the foreseeable future; (4) the court did previous research into the issue and has determined Ms. Hazlewood does not have any additional recorded hearings associated with this case; (5) the court has conferred with court reporter Sharina Fowler and determined she has no recorded hearings associated with this case; (6) the record contains no waivers of a court reporter for any of the hearings; (7) there are no additional notes that are available for transcription; (8) appellant timely requested; and (9) if any notes were lost or destroyed, appellant was not at fault. The reporter’s record before this Court consists of Volumes 1, 3, 4, 5, 6, and 7 prepared by court reporter Melva Key, and Volume 2, prepared by court reporter Sharon Hazlewood. These volumes cover the April 8, 9, and 10, 2014 trial proceedings and the October 7 and 8, 2014 punishment proceedings. We ORDER appellant to file his brief by FEBRUARY 5, 2016. We DIRECT the Clerk to send copies of this order to counsel for all parties. /s/ ADA BROWN JUSTICE