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Phythian v. State

Court of Appeals of Texas, Fifth District, Dallas

December 18, 2013

JAMES PHYTHIAN, Appellant
v.
THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F11-47313-T

ORDER

DAVID EVANS JUSTICE

On October 29, 2013, this Court ordered the Dallas County District Clerk to file the clerk's record within fifteen days. To date, we have not received the clerk's record, nor have we had any correspondence from the Dallas County District Clerk's office regarding the record.

Accordingly, the Court ORDERS the trial court to make findings of fact regarding whether appellant has been deprived of the clerk'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: (1) whether appellant timely requested preparation of the clerk's records; and (2) the date by which the clerk's records will be filed.

We ORDER the trial court to transmit a supplemental 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 ...


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