David Garcia v. State

Opinion

Order entered January 15, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-01366-CR

DAVID GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1 Dallas County, Texas

Trial Court Cause No. F18-52886-H

ORDER

We REINSTATE this appeal.

We abated the appeal for a hearing on the State’s Exhibit 17, a CD containing redacted recordings of jail telephone calls. The trial court held a hearing and the supplemental reporter’s record of that hearing has been filed. Before the Court is the trial court’s request for additional time to make findings of fact. We GRANT the request and EXTEND the time until January 27, 2020.

We DIRECT the Clerk of the Court to transmit a copy of this order, by electronic transmission, to the Honorable Tina Yoo Clinton, Presiding Judge, Criminal District Court No. 1; court reporter Crystal R. Brown; court reporter Sheryl Zeno; Felicia Pitre, Dallas County District Clerk; and counsel for the parties.

We again ABATE this appeal to allow the trial court to comply with this order. The appeal shall be reinstated when we receive the supplemental clerk’s record containing the trial court’s findings or when the Court deems it appropriate to do so.

/s/ LANA MYERS

JUSTICE