Order entered September 11, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00933-CR
REBECCA JEAN CAGLE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F10-11213-P
ORDER
Appellant filed a pro se notice of appeal that is file-stamped June 25, 2013. The record
reflects that sentence was imposed in open court on May 10, 2013. It does not appear appellant
filed a motion for new trial; therefore, her notice of appeal was due by June 10, 2013. See TEX.
R. APP. P. 26.2(a)(1). The pro se notice of appeal states that it was prepared within thirty days of
May 10, 2013. However, the record does not contain a copy of an envelope showing the post-
mark date for mailing, nor does anything in the record reflect the date the notice of appeal was
delivered to prison authorities for mailing. Moreover, the reporter’s record is overdue.
Accordingly, this Court ORDERS the trial court to make findings regarding the date on
which appellant delivered her pro se notice of appeal to prison authorities for mailing. See TEX.
R. APP. P. 9.2(b); Campbell v. State, 320 S.W.3d 338, 344 (Tex. Crim. App. 2010). The trial
court may take evidence on this issue either by live testimony or by affidavit.
If the trial court finds that appellant delivered the pro se notice of appeal for mailing on
or before June 10, 2013, the trial court shall next determine whether appellant desires to be
represented by counsel, and, if so, whether she is indigent and entitled to court-appointed
counsel. If appellant desires counsel and is indigent, we ORDER the trial court to appoint
counsel to represent appellant in the appeal.
We next ORDER the trial court to make findings of fact regarding why the reporter’s
record has not been filed. In this regard, the trial court shall determine: (1) whether appellant, if
not indigent, has requested and made the necessary payment arrangements for the record; (2) the
name and address of each court reporter who recorded the proceedings in this cause; and (3) the
date by which the complete reporter’s record will be filed.
We ORDER the trial court to transmit a record of the proceedings, containing its written
findings of fact, any supporting documentation, and any orders, to this Court within THIRTY
DAYS of the date of this order.
We ABATE the appeal 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 findings are received,
whichever is earlier.
/s/ DAVID EVANS
JUSTICE
Rebecca Jean Cagle v. State
Combined Opinion