Order entered April 14, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00403-CR
HEATHER STORER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-31208-S
ORDER
The Court REINSTATES the appeal.
This appeal has been pending for more than one year. The trial court’s judgment reflects
that appellant was convicted of fraudulent use/possession of identifying information. The trial
court certified that appellant has the right to appeal. The reporter’s record was due June 21,
2013. When the record was not filed by August 9, 2013, this Court ordered the trial court to
make findings regarding why the record had not been filed. On August 27, 2013, the Court
received a letter from court reporter Joseph Phillips stating the record was ready, but that
appellant, who is represented by retained counsel, had not yet paid for the record. By letter dated
September 10, 2013, the Court directed Mr. Phillips to bring the issues raised in the letter to the
trial court’s attention in connection with the abatement hearing.
On October 28, 2013, appellant’s counsel filed a motion to dismiss the appeal based on
appellant’s failure to communicate with him. Because the motion was not signed by appellant as
required by Texas Rule of Appellate Procedure 42.2(a), the Court sent counsel a letter stating
that the Court could not act on the motion and directed counsel to bring the issue to the trial
court’s attention in connection with the abatement hearing.
When the Court still had not received the trial court’s findings by November 14, 2013,
the Court ordered the Honorable Andy Chatham, Presiding Judge of the 282nd Judicial District
Court, to make findings regarding why the reporter’s record had not been filed. The findings
were due within thirty days. On February 18, 2014, appellant’s counsel filed a motion to
withdraw, again citing appellant’s failure to communicate with him. Because the appeal was
abated, the Court sent counsel a letter directing him to bring this issue to the trial court’s
attention in connection with the abatement hearing. To date, the Court has not received the
findings or the reporter’s record, nor have we received any communication from the trial court
regarding the status of the findings.
This appeal cannot proceed to disposition until the issue of the reporter’s record,
including the issue of whether appellant even desires to continue the appeal, has been resolved.
Accordingly, this Court ORDERS the Honorable Mary Murphy, Presiding Judge of the
First Administrative Judicial Region, to refer this matter to the Presiding Judge of the Dallas
County District Courts for a determination of whether this case should be transferred from the
282nd Judicial District Court to another court to provide for the “efficient operation of the court
system and effective administration of justice.” See TEX. GOV’T CODE ANN. § 74.092(10) (West
2013). If the Presiding Judge of the Dallas County District Courts is not able to perform his or
her duties, we ORDER the Honorable Mary Murphy, to perform that duty in accordance with
Texas Government Code section 74.046(5). See id. § 74.046(5).
Specifically, we ORDER that findings be made regarding the following:
Whether appellant desires to prosecute the appeal. If appellant’s presence cannot
be obtained for the hearing, we ORDER that the hearing be conducted in
appellant’s absence. See Meza v. State, 742 S.W.2d 708 (Tex. App.––Corpus
Christi 1987, no pet.).
If appellant does not desire pursue the appeal, a finding shall be made to that
effect.
If appellant does desire to pursue the appeal, a finding shall be made regarding
whether Abe Factor will continue as appellant’s attorney of record or should be
permitted to withdraw.
If Mr. Factor is permitted to withdraw, a finding shall be made regarding whether
appellant is indigent and entitled to court-appointed counsel. If appellant is
indigent, we ORDER that counsel be appointed to represent appellant in this
appeal. If appellant is not indigent, a finding shall be made regarding whether
appellant has retained new counsel to represent her in the appeal.
A finding shall next be made regarding whether appellant is entitled to proceed
without payment for the reporter’s record. If appellant is not indigent for
purposes of the record, a finding shall be made regarding whether payment
arrangements have been made for the record.
Finally, a finding shall be made regarding the date by which the reporter’s record
will be filed.
We ORDER that the findings on these issues be transmitted to this Court by FRIDAY,
MAY 9, 2014.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to:
(1) the Honorable Mary Murphy, Presiding Judge, First Administrative Judicial Region; (2) the
Honorable Robert Burns, Presiding Judge, Dallas County District Courts; (3) the Honorable
Andy Chatham, Presiding Judge, 282nd Judicial District Court; Abe Facto; and Michael Casillas,
Dallas County District Attorney’s Office.
The appeal is ABATED to allow compliance with this order. The appeal shall be
reinstated on May 9, 2014 or when the findings are received, whichever is earlier.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE