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Cooper v. State

Court of Appeals of Texas, Fifth District, Dallas

January 23, 2014

JAY SANDON COOPER, Appellant
v.
THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2 Collin County, Texas Trial Court Cause No. 005-87752-09

ORDER

DAVID EVANS JUSTICE

The reporter's record is overdue in this appeal. On January 3, 2014, the Court received a letter from court reporter Marigay Black saying she has not received a written designation of the record. The record reflects the appeal is from a judgment of conviction of a Class C misdemeanor offense of violation of a city ordinance. The record before the Court reflects that appellant is pursing the appeal without counsel.

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 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.
• 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 ...


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