Order entered October 7, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00996-CR
No. 05-14-00997-CR
No. 05-14-00998-CR
MICHAEL JERARD RICHARDSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 416th Judicial District Court
Collin County, Texas
Trial Court Cause Nos. 416-82939-2012, 416-82940-2012, 416-82942-2012
ORDER
On August 22, 2014, the Court ordered the trial court to prepare certifications of
appellant’s right to appeal that accurately reflect the trial court proceedings. On August 29,
2014, the Court received supplemental clerk’s records that contain certifications that were not
completed. Therefore, we sent a letter to the trial court informing it of the incomplete
certifications and asking for completed certifications. To date, we have not received completed
certifications.
The Court also has before it court reporter Kristen Kopp’s October 6, 2014 second
request for an extension of time to file the reporter’s record. We DENY Ms. Kopp’s second
extension request.
We ORDER the trial court to make findings of fact regarding whether appellant has been
deprived of the reporter’s record because of ineffective 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) the name and address of each court reporter who
recorded the proceedings in this cause; (2) the court reporter’s explanation for the delay
in filing the reporter’s record; and (3) the earliest date by which the reporter’s record can
be filed.
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. We further ORDER that the trial court prepare and file with its findings complete
and accurate certifications of appellant’s right to appeal. See TEX. R. APP. P. 25.2(a)(, (d), Cortez
v. State, 420 S.W.3d 803 (Tex. Crim. App. 2013).
The appeals are ABATED to allow the trial court to comply with this order. The appeals
shall be reinstated thirty days from the date of this order or when the findings are received,
whichever is earlier.
/s/ ADA BROWN
JUSTICE