Latoya Robinson v. State

Order entered January 14, 2014 In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01521-CR LATOYA ROBINSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Auxiliary Court No. 1 Dallas County, Texas Trial Court Cause No. TR-13-03619 ORDER The Court has before it the State’s motion to abate. The State asserts the proceedings were recorded on three cassette tapes, and the trial court should certify the accuracy of the tapes. We GRANT the State’s motion to abate as follows: We ORDER the trial court to conduct a hearing to determine: (1) whether there were proceedings audio recorded; and (2) if so, can the accuracy of the recordings be verified. We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within THIRTY (30) DAYS from the date of this order. If the trial court certifies there were audio tapes, we ORDER the trial court to file certified copies of the record with this Court and with the Dallas County Clerk. See TEX. R. APP. P. 34.6(a)(2), (h). We DIRECT the Clerk of the Court to send copies of this order, by electronic transmission, to the Honorable Larry Rayford, Magistrate, County Auxiliary Court No. 1, 7201 Polk Street, No. 182, Dallas, Texas, 75232; and the Dallas County District Attorney’s Office. We DIRECT the Clerk of the Court to send a copy of this order, by first-class mail, to LaToya Robinson, 616 Lacewood Drive, Dallas, Texas, 75224. This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier. /s/ LANA MYERS JUSTICE