Order entered June 9, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01355-CR
L.D. MILLER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F11-27250-Y
ORDER
The Court REINSTATES the appeal.
On March 27, 2015, we ordered the trial court to make findings regarding whether the
trial court intended to grant appellant’s motion for new trial. We ADOPT the findings that: (1)
the Honorable Michael Snipes, former presiding judge of the Criminal District Court No. 7 filed
an affidavit stating that he inadvertently granted the motion for new trial; (2) the motion for new
trial was not intentionally granted; and (3) the appeal should proceed.
At the time the appeal was abated, the clerk’s record had been filed, but the reporter’s
record was overdue. Sharon Hazlewood had previously filed an extension request on behalf of
herself and court reporter Melva Key. Although a thirty-day extension was granted to file the
record, to date, neither Ms. Hazlewood nor Ms. Key have filed the reporter’s record.
Accordingly, this Court ORDERS court reporters Sharon Hazlewood and Melva Key to
coordinate to file, by JULY 15, 2015, the complete record, including all exhibits admitted into
evidence at all hearings. Ms. Hazlewood and Ms. Key should also coordinate with Vearneas
Faggett, official court reporter of the Criminal District Court No. 7, to obtain any exhibits
retained by the trial court.
We DIRECT the Clerk to send copies of this order to the Honorable Elizabeth Frizell,
Presiding Judge, Criminal District Court No. 7; Vearneas Faggett, official court reporter,
Criminal District Court No. 7; Sharon Hazlewood; Melva Key; and to counsel for all parties.
/s/ LANA MYERS
JUSTICE