Brian Cloninger v. State

Opinion

Order entered December 17 , 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-01234-CR

BRIAN CLONINGER, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District Court Dallas County, Texas

Trial Court Cause No. F13-59896-V

ORDER

The Court REINSTATES the appeal.

On November 25, 2015, 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 timely requested preparation of the record; (4) Debi Harris is the court reporter who recorded the proceedings; (5) Ms. Harris’s explanation for the delay in filing the record is its size, the illness of another court reporter who is assisting her, and her workload; and (6) Ms. Harris requested thirty days from the December 15, 2015 findings to file the record.

We ORDER court reporter Debi Harris to file the complete reporter’s record, including all exhibits admitted into evidence, by JANUARY 19, 2016.

We DIRECT the Clerk to send copies of this order to Debi Harris, court reporter, Auxiliary Court No. 8, and to counsel for all parties.

/s/ ADA BROWN

JUSTICE