Order entered August 26, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01710-CR
ERRINGTON CHARLES HATCH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F11-59284-K
ORDER
The Court REINSTATES the appeal.
On March 17, 2014, we ordered the trial court to make findings regarding why the
reporter’s record has not been filed. To date, we have not received the findings, the reporter’s
record, or a response to either of two letters inquiring about the status of the findings. The
appeal cannot proceed until the issue of the reporter’s record is resolved.
Accordingly, the Court ORDERS the Honorable Dominique Collins, Presiding Judge of
the Criminal District Court No. 4, 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 Honorable Dominique Collins shall first determine whether appellant desires to
prosecute the appeal. If the Honorable Dominique Collins determines that appellant does
not desire to prosecute the appeal, she shall make a finding to that effect.
If the Honorable Dominique Collins determines that appellant desires to prosecute the
appeal, she 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 Honorable Dominique Collins is ORDERED to take such
measures as may be necessary to assure effective representation, which may include
appointment of new counsel. If the Honorable Dominique Collins finds appellant is not
indigent, she shall determine whether retained counsel has abandoned the appeal.
The Honorable Dominique Collins 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 Honorable Dominique Collins to transmit a supplemental record,
containing the written findings of fact, any supporting documentation, and any orders, to this
Court within TWENTY-ONE DAYS of the date of this order.
The appeal is ABATED to allow the Honorable Dominique Collins 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