Order entered April 26, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01720-CR
STEPHEN MATTHEW POLITO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 219-80376-2012
ORDER
The Court REINSTATES the appeal.
On April 19, 2013, we ordered the trial court to make findings regarding why appellant’s
brief has not been filed. We ADOPT the findings that: (1) appellant desires to pursue the
appeal; (2) appellant is not indigent and is represented by retained counsel; (3) counsel has not
abandoned the appeal; and (4) counsel indicated he would be “issuing a letter” to the court
reporter designating certain dates for hearings to be transcribed. We note that the trial court
made no finding regarding when appellant’s brief would be filed.
A three-volume reporter’s record was filed in this appeal on January 15, 2013. That
record was from the December 13, 2012 plea hearing. The docket sheet reflects that a
suppression hearing may have been held on or around August 10, 2012, but it is not clear from
the order denying the motion to suppress that a hearing was actually held on the motion.
Accordingly, we ORDER Indu Baily, official court reporter of the 219th Judicial District
Court to file, within THIRTY DAYS of the date of this order, either: (1) the reporter’s record of
the suppression hearing and any other hearings that may have been conducted; (2) written
verification that no other hearings were recorded; or (3) written verification that appellant has not
paid for the records of any other hearings. We notify appellant that if we receive verification of
non-payment, we will order the appeal submitted without the reporter’s record. See TEX. R.
APP. P. 37.3(c).
We ORDER appellant to file his brief within SIXTY DAYS of the date of this order. If
appellant’s brief is not filed within the time specified, we will, without further notice, submit the
appeal without briefs. See TEX. R. APP. P. 38.8(b)(4).
We DIRECT the Clerk to send copies of this order, by electronic transmission, to Indu
Baily, official court reporter, 219th Judicial District Court, and to counsel for all parties.
/s/ DAVID EVANS
JUSTICE