Order entered October 1\ , 2012
In The
Court of appeat5
jf iftb /113iotritt of TexaEi at IlDatfa5
No. 05-12-00860-CR
MICHAEL JAMES TELLO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-53795-T
ORDER
The reporter's record is overdue in this appeal. We have received correspondence from
court reporter Bridget Barnhill that appellant has not designated the record. Accordingly, we
ORDER 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.
o The trial court shall first determine whether appellant desires to prosecute the
appeal. If the trial court determines that appellant does not desire to prosecute
this appeal, it shall make a finding to that effect.
o If the trial court determines that appellant desires to prosecute the appeal, 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 appeal.
o 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.
The appeal is ABATED to allow the trial court to comply with this order. It shall be
reinstated thirty days from the date of this order or when the supplemental record is received,
whichever is earlier.
LANA MYERS 17 r---
JUSTICE