Order entered December 5, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01184-CR
DEMPSTER A. ROSS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court
Collin County, Texas
Trial Court Cause No. 416-80539-2014
ORDER
The record was due in this appeal on October 14, 2014. Court reporter Kristen Kopp
requested and received an extension from the Court to file the reporter’s record. Since the
expiration of the extension period, on November 14, 2014, Kopp 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