Order entered August 13, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00267-CR
No. 05-13-00268-CR
No. 05-13-00269-CR
CHRISTOPHER JAMES RYALS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court
Dallas County, Texas
Trial Court Cause No. F05-18864-U, F12-40687-U, F12-41706-U
ORDER
The Court has before it appellant’s August 5, 2013 motion to extend time to file his brief.
In the motion, counsel states the record is not complete. The Court has reviewed the record
before it and determined the following.
In cause no. 05-13-00267-CR, it appears a plea hearing was conducted on November 2,
2005 and a punishment hearing was conducted on January 19, 2006. The records of these
hearings have not been filed, and the Court cannot determine from the clerk’s record who
recorded the hearings.
In cause no. 05-13-00268-CR, a plea hearing was conducted on June 20, 2012. The
docket sheet contained in the clerk’s record reflects that Winnie Lacy recorded the
hearing.
In all three cases, a hearing was conducted on February 13, 2013. The reporter’s record
of this hearing has been filed.
Accordingly, the Court ORDERS the trial court to conduct a hearing to determine the
following:
As to cause no. 05-13-00267-CR, (1) whether hearings were conducted on November 2,
2005 and January 19, 2006; (2) if hearings were conducted on those dates, whether the
hearings were recorded; (3) if the hearings were recorded, the name of the court
reporter(s) who recorded the hearings; (4) whether the notes are available and can be
transcribed; (5) if the notes are available, the date by which the records will be filed; and
(6) if the notes are not available or cannot be transcribed, whether appellant is at fault for
the loss or destruction of the notes and whether the parties can agree on a substituted
record.
As to cause no. 05-13-00268-CR, (1) whether the notes of the June 20, 2012 hearing are
available and can be transcribed; (2) if the notes are available, the date by which the
record will be filed; and (3) if the notes are not available or cannot be transcribed,
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 trial court to transmit a record of the proceedings, including its written
findings of fact, any orders, and any supporting documentation to this Court within THIRTY
DAYS of the date of this order.
We ABATE the appeals to allow the trial court to comply with the order. The appeals
shall be reinstated thirty days from the date of this order or when the findings are received.
/s/ LANA MYERS
JUSTICE