Order entered November 14, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01078-CR
ERIC ROSE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F11-55385-Y
ORDER
The Court REINSTATES the appeal.
On October 16, 2013, we ordered the trial court to make findings regarding why
appellant’s brief has not been filed. We ADOPT the trial court’s findings that: (1) appellant
desires to pursue the appeal; (2) appellant is indigent and represented by court-appointed counsel
Julie Woods; (3) counsel’s explanation for the delay in filing appellant’s brief is her workload
and that she discovered the record in this appeal is incomplete and incorrect; (4) counsel
obtained the exhibits from court reporter Sharon Hazlewood on October 28, 2013; (5) appellant’s
judicial confession, which is identified as State’s Exhibit no. 1 in the supplemental reporter’s
record filed on August 15, 2013, was not in the envelope of exhibits counsel obtained from Ms.
Hazlewood; (6) volume 3 of the reporter’s record does not contain any references as to whether
or not exhibits were admitted nor whether there were objections by either party to any exhibits;
(7) while reviewing the envelope of original exhibits, counsel discovered a CD entitled “Eric
Rose 7-12-12 whole thing (no VD),” which appears to contain a version of volume 3 of the
reporter’s record that contains additional dialogue between the trial court and the attorneys,
including reference to exhibits; (8) the record on the CD also contains portions that are slightly
different that the volume 3 filed with the Court; and (9) Ms. Hazlewood should be given thirty
days from November 5, 2013 to file a corrected and complete record; and (10) counsel should be
given an additional fifteen days after the record is complete to file appellant’s brief.
Because appellant’s November 5, 2013 motion to supplement the record and extend time
to file his brief mirrors the trial court’s findings, we GRANT the motion.
We ORDER Sharon Hazlewood, official court reporter of the Criminal District Court
No. 7, to file, within THIRTY DAYS of the date of this order, a corrected and complete volume
3 that accurately reflects the trial court proceedings, and all exhibits admitted into evidence
during the trial court proceedings. No further extensions will be granted. If the complete and
corrected record is not filed within the time specified, the Court will order that Sharon
Hazlewood not sit as a court reporter until the record is filed in this appeal.
We ORDER appellant to file his brief within SIXTY DAYS of the date of this order. No
further extensions will be granted.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
Honorable Michael Snipes, Presiding Judge, Criminal District Court No. 7; Sharon Hazlewood,
official court reporter, Criminal District Court No. 7; and to counsel for all parties.
/s/ LANA MYERS
JUSTICE