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Hubbard v. State

Court of Appeals of Texas, Fifth District, Dallas

January 30, 2014

WILLIAM NELLIUS HUBBARD, Appellant
v.
THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause Nos. F05-26988-Y, F05-26990-Y

ORDER

LANA MYERS JUSTICE

The Court REINSTATES the appeal.

On November 7, 2013, we ordered the trial court to make findings regarding why the reporter's record has not been filed in these appeals. We ADOPT the findings that: (1) appellant desires to pursue the appeals; (2) appellant is indigent and represented by court-appointed counsel; (3) Kristi Bright, a deputy court reporter who recorded the June 1, 2007 proceeding, is no longer a member of the Texas Court Reporters Association and no longer works for the court reporting company by which she was previously employed; (4) counsel Katherine Drew was finally able to contact Ms. Bright regarding the June 1, 2007 hearing and was told that Ms. Bright had no notes of the hearing; (5) the record of the June 1, 2007 hearing is lost, neither the judge nor the attorneys have any recollection of that plea hearing, and the parties cannot agree on a substituted record; (6) Sharina Fowler is the court reporter who recorded the June 14, 2013 revocation hearing; and (7) Ms. Fowler said the record of the revocation hearing can be filed by February 3, 2014.

We ORDER court reporter Sharina Fowler to file the reporter's record of the June 14, 2013 revocation hearing within FIFTEEN DAYS of the date of this order.

We DENY as moot court reporter Sharon Hazlewood's November 16, 2013 request for an extension of time to file the reporter's record.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to Sharina Fowler, court reporter, ...


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