NANCY KENNEDY JUSTICE
On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F19-76654-S
ORDER
NANCY KENNEDY JUSTICE
The reporter's record is overdue. The record was originally due July 5, 2023. In a letter dated October 13, 2023, court reporter Yolanda Atkins informed this Court that she has prepared her portion of the reporter's record but that the reporter's record cannot be filed because court reporter Norma Rico has not prepared her portion of the reporter's record. On October 17, 2023, this Court contacted Ms. Rico, who stated she would request an extension of time to file the reporter's record. On November 3, 2023, this Court ordered Ms. Atkins and Ms. Rico to file the complete reporter's record by November 20, 2023. We cautioned Ms. Rico that if the complete reporter's record was not filed by November 20, 2023, the Court may order Ms. Rico not to sit as a court reporter until the complete reporter's record is filed. As of the date of this order, the reporter's record has not been filed, and Ms. Rico has not requested an extension of time to file the reporter's record.
We ORDER that Norma Rico, Court Reporter, not sit as a court reporter until the complete reporter's record is filed in this case.
We further ORDER the Honorable Michael R. Snipes, Assigned Judge, 282nd Judicial District Court, hold a hearing within TWENTY DAYS of the date of this order with Ms. Rico, Ms. Atkins, and counsel for appellant and the State in attendance and make findings concerning why the reporter's record has not been filed.
The trial court's findings shall include the reason the reporter's record has not been timely filed, the date Ms. Rico reasonably expects to complete her portion of the reporter's record, the date Ms. Atkins and Ms. Rico reasonably expect to file the complete reporter's record including all exhibits; whether Ms. Rico's notes may be transcribed by another court reporter, and the date by which another court reporter could complete Ms. Rico's portion of the reporter's record.
The trial court's findings shall also include whether any part of the record has been lost or destroyed. If the trial court finds that part of the record has been lost or destroyed, then the court shall determine whether a significant exhibit or a significant portion of the court reporter's notes or records have been lost or destroyed, whether appellant was at fault for the loss or destruction of the exhibit or the court reporter's notes or records, whether the lost or destroyed portion of the court reporter's notes can be replaced by agreement of the parties, and whether a lost or destroyed exhibit can be replaced by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit.
The trial court shall transmit its findings and any necessary orders to this Court within THIRTY DAYS of the date of this order. The court reporter for the hearing required by this order shall file a reporter's record of the hearing within THIRTY DAYS of the date of this order.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Michael R. Snipes, Assigned Judge, 282nd Judicial District Court; Felicia Pitre, Dallas County District Clerk; Yolanda Atkins, Official Court Reporter for the 282nd Judicial District Court; Norma Rico, Court Reporter; the Dallas County Auditor's Office; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.