Order entered October 22, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00859-CR
DERIC EUGENE MADISON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court
Dallas County, Texas
Trial Court Cause No. F14-76000-U
ORDER
The Court REINSTATES the appeal.
On September 22, 2015, this Court denied court reporter Cheryl Dixon’s September 11,
2015 request for an extension of time to file the reporter’s record and ordered the trial court to
make findings. Although the trial court’s findings are dated September 24, 2015, we did not
receive the supplemental clerk’s record containing the findings until October 20, 2015. We
ADOPT the findings that: (1) appellant desires to pursue the appeal; (2) appellant is indigent
and represented by court-appointed counsel Lawrence Mitchell; (3) Cheryl Dixon is the court
reporter who recorded the proceedings; and (4) Ms. Dixon’s explanation for the delay in filing
the record is her workload and a death in the family. Because, to date, Ms. Dixon has not
tendered the reporter’s record, we DO NOT ADOPT the finding that Ms. Dixon would file the
record by September 30, 2015.
We ORDER court reporter Cheryl Dixon to file, by FRIDAY, NOVEMBER 6, 2015
the complete reporter’s record, including all exhibits admitted into evidence. If the record is not
filed by that date, the Court will utilize its available remedies, which may include ordering that
Cheryl Dixon surrender her notes to the trial court for preparation by another court reporter.
We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Mitchell,
Presiding Judge, 291st Judicial District Court; Cheryl Dixon, court reporter; Felicia Pitre, Dallas
County District Clerk; and to counsel for all parties.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE