Order entered June 12, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01199-CR
MARK MCCAY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F11-00694
ORDER
The Court has before it appellant’s “second motion to supplement the reporter’s record
on appeal and to hold the brief schedule in abeyance.” Previously, appellant requested the Dallas
County District Clerk to file a record that included all motions, pleadings, exhibits and
documents in this case. The Dallas County District Clerk filed a clerk’s record on November 28,
2012, and a supplemental clerk’s record on June 5, 2013. A reporter’s record was filed on
January 7, 2013, and a supplemental reporter’s record was filed on May 5, 2013.
We GRANT appellant’s May 30, 2013 second motion to supplement the reporter’s
record on appeal and to hold the brief schedule in abeyance as follows:
We ORDER the trial court to conduct a hearing to determine what documents were filed
in the case; what documents, including exhibits, have already been included in the record on
appeal; what documents, including exhibits, are missing from the clerk’s record; whether the
record can be supplemented with the missing material; whether hearings on pre-trial motions
held on December 17, 2007, January 11, 2008, February 15, 2008, May 16, 2012, and May 31,
2012 were transcribed, and if so, are the transcripts available; whether the transcript of the jury
verdict on guilt/innocence is missing from the record; and whether all documents, exhibits, and
transcripts of the pre-trial hearing held under cause numbers F06-00184, F07-00736, F10-00878,
and F11-00694 are included in the record.
We ORDER the trial court to transmit a record of the proceedings, which shall include
written findings and recommendations, to this Court within THIRTY DAYS from the date of
this order.
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/ CAROLYN WRIGHT
CHIEF JUSTICE