Flor Demari Balcarcel v. State ( 2015 )

Order entered January 13, 2015 In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00507-CR FLOR DEMARI BALCARCEL, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Criminal Court No. 3 Dallas County, Texas Trial Court Cause No. MB10-33676C ORDER This Court granted court reporter Pamela Durke-Sweeny an extension of time until August 4, 2014 to file the reporter’s record. By notice dated August 4, 2014, Ms. Durke-Sweeny was notified that the reporter’s record she attempted to electronically filed was rejected because Volume 4 was not text searchable and the exhibits were not bookmarked. She was directed to file a corrected document with three days. To date, Ms. Durke-Sweeny has neither filed a corrected reporter’s record nor communicated with the Court regarding the status of the reporter’s record. Nor has appellant communicated with the Court regarding the reporter’s record or the status of the appeal. Accordingly, the Court ORDERS 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.  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 the appeal, it shall make a finding to that effect.  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.  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 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. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier. /s/ ADA BROWN JUSTICE