Deric Eugene Madison v. State

Opinion

Order entered October 22, 2015

In The QCourt of ~pealS' .1'iftb mtS'trttt of mexaS' at mallaS' No. 05-15-00859-CR

DERIC EUGENE MADISON, Appellant

v. THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F14-76000-U

ORDER

The Court REINSTATES the appeal.

On September 22,2015, this Court denied court reporter Cheryl Dixon's September 11,

2015 request for an extension of time to file the reporter's record and ordered the trial court to

make findings. Although the trial court's findings are dated September 24, 2015, we did not

receive the supplemental clerk's record containing the findings until October 20, 2015. We

ADOPT the findings that: (1) appellant desires to pursue the appeal; (2) appellant is indigent

and represented by court-appointed counsel Lawrence Mitchell; (3) Cheryl Dixon is the court

reporter who recorded the proceedings; and (4) Ms. Dixon's explanation for the delay in tiling

the record is her workload and a death in the family. Because, to date, Ms. Dixon has not RECt:IVED IN SOURT OF APPEALS, 5th DISl

NOV 1 8 2015 LISA MATZ CLERK. 5th DISTRICT tendered the reporter's record, we DO NOT ADOPT the finding that Ms. Dixon would tile the

record by September 30, 2015.

We ORDER court reporter Cheryl Dixon to file, by FRIDAY, NOVEMBER 6, 2015

the complete reporter's record, including all exhibits admitted into evidence. If the record is not

tiled by that date, the Court will utilize its available remedies, which may include ordering that

Cheryl Dixon surrender her notes to the trial court for preparation by another court reporter.

We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Mitchell,

Presiding Judge, 291st Judicial District Court; Cheryl Dixon, court reporter; Felicia F'itre, Dallas

County District Clerk; and to counsel for all parties.

/s/ CAROLYN WRIGHT CHIEF JUSTICE ([nurt of i\ppruls JHftl1 tlinfri.cf of IDrxu.s at ilallus BOWES George L. Allen Sr Courts Building nnn .

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