Order entered February 28, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01649-CR
No. 05-12-01651-CR
RODNEY DEON SAMPSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause Nos. F11-53201-K, F11-53164-k
ORDER
By letters dated December 12, 2012, January 18, 2013, and February 6, 2013, the Court
notified the trial court that the boxes have not been checked on the trial court’s certification of
appellant’s right to appeal filed in cause no. 05-12-01649-CR. We asked the trial court to review
the record and to file a certification that accurately reflects the trial court’s proceedings. To date,
we have not received a completed certification.
Moreover, the reporter’s record is overdue in these appeals. Accordingly, the Court
ORDERS the trial court to make findings of fact regarding whether appellant has been deprived
of the reporter’s record because of ineffective counsel, indigence, or for any other reason.
• The trial court shall first determine whether appellant desires to prosecute the appeals. If
the trial court determines that appellant does not desire to prosecute these appeals, it shall
make a finding to that effect.
• If the trial court determines that appellant desires to prosecute the appeals, it shall next
determine whether appellant is indigent and entitled to proceed without payment of costs
for the reporter’s record. If appellant is entitled to proceed without payment of costs, the
trial court shall make a finding to that effect. Moreover, if appellant is indigent, the trial
court is ORDERED to take such measures as may be necessary to assure effective
representation, which may include appointment of new counsel. If the trial court finds
appellant is not indigent, it shall determine whether retained counsel has abandoned the
appeals.
• The trial court shall next determine: (1) the name and address of each court reporter who
recorded the proceedings in this cause; (2) the court reporter’s explanation for the delay
in filing the reporter’s record; and (3) the earliest date by which the reporter’s record can
be filed.
We ORDER the trial court to transmit a supplemental record, containing the written
findings of fact, any supporting documentation, and any orders, to this Court within THIRTY
DAYS of the date of this order. We ORDER the trial court to include a completed copy of the
certification of appellant’s right to appeal in cause no. 05-12-01649-CR in the supplemental
clerk’s record.
The appeals are ABATED to allow the trial court to comply with this order. They shall
be reinstated thirty days from the date of this order or when the supplemental record is received,
whichever is earlier.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE