Order entered October 8, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00309-CR
PATRICK DARNELL LAWRENCE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F08-73515-S
ORDER
On August 26, 2014 and September 23, 2014, this Court ordered Gary Fitzsimmons,
Dallas County District Clerk, to file a supplemental record containing: (1) the trial court’s
docket sheet; (2) the December 29, 2009 plea agreement form; (3) the December 29, 2009
judicial confession; (4) the trial court’s December 29, 2009 order of deferred adjudication and
conditions of community supervision; (5) the State’s January 18, 2011 motion to withdraw its
motion to revoke or its motion to proceed to adjudication; and (6) the February 14, 2014 plea
agreement form. The September 23, 2014 order required that the supplemental record be filed
within ten days. To date, Mr. Fitzsimmons has neither filed the supplemental clerk’s record nor
communicated with the Court regarding the status of that record. The appeal cannot proceed
until the supplemental record has been filed.
Accordingly, we ORDER the trial court to make findings regarding whether:
The District Clerk has possession of the documents enumerated above.
If the District Clerk does have possession of the documents, the District Clerk’s
explanation for the failure to file the supplemental record and the date by which
the supplemental record containing the enumerated documents will be filed.
If the District Clerk does not have possession of the enumerated documents, the
trial court shall determine what constitutes accurate copies of the missing
documents and order that they be included in a supplemental clerk’s record. See
TEX. R. APP. P. 34.5(e).
We ORDER the trial court to transmit a record 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.
/s/ LANA MYERS
JUSTICE