John F. Seay v. State

Opinion

Order entered October 19, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00362-CR No. 05-18-00363-CR No. 05-18-00364-CR

JOHN F. SEAY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F17-44837-P, F17-44838-P & F17-44846-P

ORDER We REINSTATE this appeal.

On September 27, 2018, we ordered court reporter Lisabeth Kellet to file a supplemental

reporter’s record containing a true and correct playable copy of State’s Exhibit 1 by October 7,

2018. To date, the exhibit has not been filed and we have had no communication from Ms.

Kellett. We ORDER State’s Exhibit No. 1 filed WITHIN FIVE DAYS OF THE DATE OF

THIS ORDER. If the exhibit is not filed by October 26, 2018 at 5:00 p.m., we will order that

court reporter Lisabeth Kellet not sit until the exhibit is filed.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the

Honorable Teresa Hawthorne, Presiding Judge, 203rd Judicial District Court; to Lisabeth Kellett, court reporter, 203rd Judicial District Court; to Bruce Anton, and to the Dallas County District

Attorney’s Office.

We DIRECT the Clerk to send a copy of the order by first-class mail, to John Seay, 1822

Young Street, Dallas, TX 75201.

These appeals were abated for a hearing to determine whether appellant should be

allowed to represent himself in these appeals. Because we are still awaiting the trial court’s

findings and, if appropriate, appellant’s signed waiver of counsel in substantially the form

provided by article 1.051(g) of the code of criminal procedure, we again ABATE these appeals

to allow the trial court to comply with our September 28, 2018 order.

/s/ LANA MYERS JUSTICE