Order entered May 23, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01442-CR
ANTWAN DOUGLAS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F12-63774-K
ORDER
The Court REINSTATES this appeal.
On March 7, 2014, this Court ordered the trial court to make findings regarding why the
reporter’s record has not been filed. The findings were due within thirty days. To date, the Court
has 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 Honorable Dominique Collins 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, it 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 THIRTY 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