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Patterson v. State

Court of Appeals of Texas, Fifth District, Dallas

December 16, 2013

ANTONIO PATTERSON, Appellant
v.
THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 4, Dallas County, Texas, Trial Court Cause No. F10-59304-K

ORDER

LANA MYERS, JUSTICE

The Court REINSTATES the appeal.

On September 12, 2013, we ordered the trial court to make findings regarding why the reporter's record has not been filed. We ADOPT the findings that: (1) appellant desires to pursue the appeal; (2) appellant is indigent and entitled to proceed without payment for the record; (3) appellant's attorney requested preparation of the record on April 15, 2013; and (4) Janice Garrett is the court reporter who recorded the proceedings.

This appeal has been pending since April 2, 2013. The reporter's record was due on July 24, 2013 and the appeal has been abated since September 12, 2013 for findings regarding the reporter's record. Therefore, we DO NOT ADOPT the finding that Ms. Garrett requires an additional sixty days to file the record in this appeal.

We ORDER Janice Garrett, official court reporter of the Criminal District Court No. 4, to file the reporter's record by JANUARY 31, 2014. We further order that Janice Garrett not sit as a court reporter until she files the record in this appeal.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4; Janice Garrett, official court reporter, Criminal District Court No. ...


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