Order entered January 21, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00007-CR
No. 05-14-00008-CR
SENRICK WILKERSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause Nos. F10-01183-J, F10-01184-J
ORDER
The Court has received appellant’s appeals from the trial court’s order denying his
motion for post-conviction DNA testing. The records have not yet been filed in the appeals and
are overdue. Additionally, it does not appear counsel has been appointed to represent appellant
in the appeals. Appellant has filed a pro se motion to “compel Dallas County courts to provide
documents.”
The Court DENIES appellant’s January 16, 2014 pro se motion to the extent he seeks to
compel production of documents that may not be in the record before the trial court.
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 is indigent and entitled to court-
appointed counsel. If appellant is indigent, the trial court is ORDERED to appoint
counsel to represent appellant in the appeals. If the trial court finds appellant is not
indigent, it shall determine whether appellant has retained counsel to represent him in the
appeals.
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 records 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 appeals are ABATED to allow the trial court to comply with this order. The appeals
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
Senrick Wilkerson v. State
Combined Opinion