Order entered October 30, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01067-CR
JIMMY DEWAYNE HILL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F-0953582-W
ORDER
The clerk’s record is overdue in this appeal. Moreover, we note that appellant filed a pro
se notice of appeal stating the appeal is from the trial court’s July 22, 2014 order nunc pro tunc to
correct the trial court’s judgment. See Blanton v. State, 369 S.W.3d 894, 904 (Tex. Crim. App.
2012) (stating nunc pro tunc judgments are appealable orders). Nothing in the record before the
Court indicates whether counsel has been appointed for appellant. Additionally, although the
reporter’s record of the underlying proceedings have been filed, it is not clear from the
documents before Court of whether a hearing was conducted on the State’s motion for a
judgment nunc pro tunc.
Accordingly, the Court ORDERS the trial court to make findings of fact regarding
whether appellant has been deprived of the record because of ineffective counsel, indigence, or
for any other reason.
The trial court shall first determine whether appellant is indigent and entitled to proceed
without payment of costs for the 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 a hearing was conducted on the motion
for judgment nunc pro tunc; (2) if so, the name and address of each court reporter who
recorded the proceedings in this cause; (3) the court reporter’s explanation for the delay
in filing the reporter’s record; and (4) the earliest date by which the reporter’s record can
be filed.
The trial court shall next determine the date by which the clerk’s record will be filed. We
further ORDER that the clerk’s record contain a completed certification of appellant’s
right to appeal that accurately reflects the trial court proceedings. See TEX. R. APP. P.
25.2(a), (d); Cortez v. State, 420 S.W.3d 803 (Tex. Crim. App. 2013).
We ORDER the trial court to transmit a record, containing the written findings of fact,
any supporting documentation, and any orders, to this Court within THIRTY DAYS of the date
of this order.
The 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 findings are received,
whichever is earlier.
/s/ ADA BROWN
JUSTICE
Jimmy Dewayne Hill v. State
Combined Opinion