Order entered October 9, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00260-CR
GARY DON JENNINGS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F10-71278-K
ORDER
The Court REINSTATES this appeal.
On June 14, 2013, this Court ordered the trial court to make findings regarding the
reporter’s record of the January 22, 2013 adjudication hearing. The findings were ordered in
response to court reporter Janice Garrett’s April 29, 2013 extension request that stated the
hearing was recorded by court reporter Akilah Welborn, and that Ms. Garrett had not been able
to contact Ms. Welborn regarding the record. To date, we have not received the findings, the
reporter’s record from the January 22, 2013 hearing, or a response to either of two letters
inquiring about the status of the findings. The appeal cannot proceed until the issue of the
reporter’s record is resolved.
Accordingly, we ORDER the Honorable Dominique Collins, Presiding Judge of the
Criminal District Court No. 4, to make findings regarding the record of the January 22, 2013
adjudication hearing. Pursuant to Texas Rule of Appellate Procedure 34.6(f), the Honorable
Dominique Collins shall specifically determine the following:
Whether appellant timely requested the reporter’s record.
The name of the court reporter who recorded the January 22, 2013 adjudication hearing.
Whether the notes of the January 22, 2013 hearing are available and can be transcribed.
If the notes are available and can be transcribed, the Honorable Dominique Collins shall
determine the date by which that record will be filed.
If the notes are not available or cannot be transcribed, the Honorable Dominique Collins
shall determine whether appellant is at fault for the loss or destruction of the notes and
whether the parties can agree on a substituted record.
We ORDER the Honorable Dominique Collins to transmit a record containing her
written findings of fact, any orders, and any supporting documentation to this Court within
THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to:
(1) the Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4; (2) Janice
Garrett, Official Court Reporter, Criminal District Court No. 4; (3) Riann Moore, Dallas County
Public Defender’s Office; and (4) Michael Casillas, Dallas County District Attorney’s Office.
We ABATE the appeal to allow the Honorable Dominique Collins 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/ DAVID EVANS
JUSTICE