Latoya Robinson v. State

• Court: Court of Appeals of Texas
• Decided: January 14, 2014
• Docket: 05-13-01521-CR
• Status: Published

Opinion

Order entered January 14, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01521-CR

LATOYA ROBINSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Auxiliary Court No. 1 Dallas County, Texas Trial Court Cause No. TR-13-03619

ORDER The Court has before it the State’s motion to abate. The State asserts the proceedings

were recorded on three cassette tapes, and the trial court should certify the accuracy of the tapes.

We GRANT the State’s motion to abate as follows:

We ORDER the trial court to conduct a hearing to determine: (1) whether there were

proceedings audio recorded; and (2) if so, can the accuracy of the recordings be verified.

We ORDER the trial court to transmit a record of the proceedings, which shall include

written findings and recommendations, to this Court within THIRTY (30) DAYS from the date

of this order. If the trial court certifies there were audio tapes, we ORDER the trial court to file

certified copies of the record with this Court and with the Dallas County Clerk. See TEX. R. APP.

P. 34.6(a)(2), (h). We DIRECT the Clerk of the Court to send copies of this order, by electronic

transmission, to the Honorable Larry Rayford, Magistrate, County Auxiliary Court No. 1, 7201

Polk Street, No. 182, Dallas, Texas, 75232; and the Dallas County District Attorney’s Office.

We DIRECT the Clerk of the Court to send a copy of this order, by first-class mail, to LaToya

Robinson, 616 Lacewood Drive, Dallas, Texas, 75224.

This appeal is ABATED to allow the trial court to comply with the above order. The

appeal shall be reinstated thirty days from the date of this order or when the findings are

received, whichever is earlier.

/s/ LANA MYERS JUSTICE