Order entered March 27, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01288-CR
No. 05-12-01291-CR
CHRISTOPHER WAYNE WHEELER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause Nos. 199-81739-2011, 199-82836-2011
ORDER
The Court REINSTATES the appeals.
On February 13, 2013, we ordered the trial court to make findings of fact regarding why
the clerk’s and reporter’s records have not been filed. We ADOPT the findings that: (1) the
trial court met with appellant’s trial counsel, a representative of the Collin County District
Clerk, and court reporter Sheri Vecera; (2) appellant’s trial counsel was retained and
appellant also retained parole counsel; (3) appellant did not submit an affidavit of indigence
seeking appointment of appellate counsel; (4) trial counsel filed the notices of appeal, but
did not request preparation of the clerk’s or reporter’s records after appellant’s wife notified
counsel that appellant did not wish to pursue the appeals; (5) trial counsel attempted to
contact appellant, but appellant refused to speak with her after the trial; (6) trial counsel
contacted appellant’s parole attorney in an effort to obtain additional information regarding
this matter; (7) on February 18, 2013, appellant’s parole attorney confirmed to the trial court
that appellant does not wish to pursue the appeals; and (8) appellant’s wife confirmed to the
trial court that appellant does not wish to pursue the appeals.
The Court will dispose of the appeals in due course.
/s/ DAVID EVANS
JUSTICE