Order entered May 9, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01661-CR
JULIO CESAR VILLALBA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-58991-Q
ORDER
The Court ORDERS the trial court to make findings of fact regarding whether appellant
has been deprived of the clerk’s and reporter’s records 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 clerk’s and reporter’s records. 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.
The trial court shall next determine the date by which the clerk’s record will 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.
The appeal is ABATED 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,
whichever is earlier.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE