Craig Lynn Beal v. State

ACCEPTED 01-12-00896-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 9/11/2015 7:53:09 AM CHRISTOPHER PRINE CLERK IN THE COURT OF APPEALS FOR THE FIRST DISTRICT COURT OF APPEALS FILED IN NO. 01-12-00896-CR 1st COURT OF APPEALS CRAIG BEAL HOUSTON, TEXAS APPELLANT 9/11/2015 On Appeal from Cause No. 17937577:53:09 AM CHRISTOPHER #8 A. PRINE From the County Criminal CourtClerk Harris County, Texas V. THE STATE OF TEXAS APPELLEE MOTION TO REINSTATE CASE ________________________________________________________________________ CRAIG LYNN BEAL, Appellant, requests that this appeal be reinstated and that this Court issue a judgment in accordance with the findings submitted by the trial court that the appellant is entitled to a new trial. 1. The trial in this misdemeanor case occurred three years ago on September 12, 2012. 2. On June 30, 2015, the trial court entered findings stating that the court reporter, Sondra Humphrey, failed to keep a record in this case and will not ever file a complete and accurate record. She has been in continuous non-compliance— and held in contempt of court—for failing to turn over any of her materials or notes in this case or even appear in court as ordered repeatedly by this Court and the trial court over the course of years. 3. On June 30, 2015, the trial court found that the appellant is entitled to a new trial. 4. Appellant suggests that this case be submitted and decided on the basis of the trial court’s findings as occurred recently in the similar case of Victor Bankett v. State, 01-13-00896-CR. PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court reinstate this appeal and issue a judgment in accordance with the trial court’s findings. Respectfully Submitted, ALEXANDER BUNIN Chief Public Defender Harris County, Texas /s/ Sarah V. Wood SARAH V. WOOD Assistant Public Defender Harris County, Texas Texas Bar Number 24048898 1201 Franklin, 13th Floor Houston, Texas 77002 Phone: (713) 368-0016 Fax: (713) 368-9278 Sarah.Wood@pdo.hctx.net CERTIFICATE OF SERVICE By my signature below, I hereby certify that a true and correct copy of the above and foregoing has been served upon the Harris County District Attorney's Office – Alan Curry, via the electronic filing service. /s/ Sarah V. Wood Sarah V. Wood 2