Victoria Stuart v. State

Order entered May 22, 2014 In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00019-CR VICTORIA STUART, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F-1062404-I ORDER The Court REINSTATES the appeal. On April 22, 2014, we ordered the trial court to make findings regarding why the reporter’s record has not been filed. We ADOPT the trial court’s findings that: (1) appellant received a probated sentence; (2) trial counsel appeared at the hearing on this Court’s order; (3) counsel stated he informed appellant by email, letter, and telephone calls of the hearing; (4) appellant acknowledged the emails, but she did not appear at the hearing; and (5) trial counsel has no information regarding appellant’s indigence status. We note that appellant has not communicated with this Court regarding the appeal. Based on the trial court’s findings and appellant’s failure to communicate with this Court regarding the appeal, we conclude appellant has abandoned her appeal. We ORDER the appeal submitted without the reporter’s record and briefs as of the date of this order to a panel consisting of Chief Justice Wright and Justices Myers and Evans. See TEX. R. APP. P. 37.3(c), 38.8(b). /s/ CAROLYN WRIGHT CHIEF JUSTICE