Craig Lynn Beal v. State

Opinion

ACCEPTED 01-12-00896-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 9/11/2015 3:36:27 PM CHRISTOPHER PRINE CLERK

No. 01-12-00896-CR In the Court of Appeals FILED IN For the 1st COURT OF APPEALS HOUSTON, TEXAS First District of Texas 9/11/2015 3:36:27 PM At Houston CHRISTOPHER A. PRINE  Clerk No. 1793757 In the County Court at law No. 8 of Harris County, Texas  CRAIG LYNN BEAL Appellant v. THE STATE OF TEXAS Appellee  STATE’S OBJECTION TO APPELLANT’S MOTION TO REINSTATE APPEAL & MOTION FOR TRIAL COURT TO WITHDRAW FINDINGS OF FACT AND CONCLUSIONS OF LAW 

TO THE HONORABLE COURT OF APPEALS OF TEXAS:

COMES NOW THE STATE OF TEXAS, and objects to appellant’s motion

to reinstate the appeal and moves for the Judge Sherman Ross, sitting as the Judge for

Harris County, County Court at Law No. 8, to withdraw the previously filed “agreed

proposed findings of fact and conclusions of law,” and to file new proposed findings

of fact and conclusions of law. The State makes this objection and this motion based

on the following:

1. On June 30, 2015, Judge Sherman Ross, sitting as the Judge for Harris

County, County Court at Law No. 8, signed certain findings of fact and conclusions of law in response to an abatement order from the

First Court of Appeals.

2. In the “agreed proposed findings of fact and conclusions of law”

signed by Judge Sherman Ross on June 30, Judge Sherman Ross made

the following finding: “[t]he Court hereby finds that this case is one

of the nine in which reporter’s record was lost of destroyed due to the

court reporter’s medical condition and personal and professional

problems and that the record cannot be reconstructed to the degree

necessary for a meaningful review.”

3. On September 10, 2015, the court reporter, Sondra Humphrey, filed

the reporter’s record in the above styled case.

4. On September 10, 2015, the First Court of Appeals rejected the

reporter’s record filed by Ms. Humphrey because the record “[did]

not comply with the Texas Rules of Appellate

Procedure…[s]pecifically the exhibit volume does not contain any of

the indexed and listed exhibits.”

5. The State has reviewed the reporter’s reporter filed by Ms.

Humphrey and the record appears to be both complete and accurate,

with the exception of the exhibit volume.

6. Once the exhibits are filed, or replaced if lost or destroyed, the record

will be complete. 7. The State objects to item #4 of appellant’s motion to reinstate the

appeal, which states that “[a]ppellant suggests this case be submitted

and decided on the basis of the trial court’s findings as occurred in

the similar case of Victor Bankett v. State, 01-13-00896-CR.”

8. The State’s object to item #4 of appellant’s motion to reinstate the

appeal based on the fact that the reporter’s record exists and was filed

by Ms. Humphrey on September 10, 2015.

9. The State moves that Judge Sherman Ross, sitting as Judge of Harris

County, County Court at Law No. 8, withdraw the findings of fact

and conclusions of law entered June 30, 2015, based on the fact that

the reporter’s record exists and was filed by Ms. Humphrey on

September 10, 2015.

WHEREFORE, the State prays that this Court will grant the State’s objection

to appellant’s motion to reinstate the appeal and motion for the trial court to

withdraw its findings of fact and conclusions of law.

Respectfully submitted, /s/ Abbie Miles Abbie Miles Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 24072240 CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument has been mailed to the

appellant’s attorney at the following address on September 11, 2015:

Sarah v. Wood 1201 Franklin, 13th Floor Houston, Texas 77002 Sarah. Wood@pdo.hctx.net

/s/ Abbie Miles Abbie Miles Assistant District Attorney Harris County, Texas

Date: September 11, 2015