Order entered October 22, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01051-CR
EX PARTE BRADRICK J. COLLINS
On Appeal from the County Criminal Court No. 5
Dallas County, Texas
Trial Court Cause No. M17-18553-F
ORDER
On September 12, 2018, appellant filed a notice of appeal to challenge the trial court’s
September 10, 2018 order denying relief on appellant’s pretrial application for writ of habeas
corpus. On September 18, 2018, the Court entered a scheduling order requiring the trial court to
file a certification of the right to appeal to be filed within ten days. The Court’s order further
directed the court reporter, or alternatively the trial court coordinator if there is no court reporter
for this case,1 to file within ten days, either the reporter’s record or a written verification that no
hearing was conducted in connection with appellant’s pretrial writ application.
On September 28, 2018, appellant filed a document purporting to be the trial court’s
certification of the right to appeal. No official copy of the certification has been filed nor has the
1
The official court reporter position in the trial court is vacant.
Court received the reporter’s record or written verification that there is no reporter’s record to
file.
We ORDER the trial court to prepare a certification of the right to appeal and to file it as
part of the supplemental clerk’s record ordered herein.
We ORDER the trial court to determine whether any reported hearings were conducted
in this appeal and make findings regarding (1) whether a hearing was conducted on appellant’s
writ application; (2) if a hearing was conducted, whether a reporter’s record exists of the hearing;
and (3) the name of the court reporter who sat for any hearing on the writ application. The trial
court is directed to conduct such inquiries and to enter such orders as are necessary to determine
the status of the reporter’s record.
We further ORDER the trial court to file, within FIFTEEN DAYS of the date of this
order, a supplemental clerk’s record containing the certification of the right to appeal and the
trial court’s findings regarding the reporter’s record.
After the Court received the trial court’s certification and findings, the Court will reset
the due dates for the parties’ briefs.
We ABATE the appeal to allow the trial court to comply with the above order. The
appeal shall be reinstated when the supplemental clerk’s record is received or at such other time
as the Court deems appropriate.
/s/ CRAIG STODDART
JUSTICE
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