Marian Bernard Ziolkowski v. State

• Court: Court of Appeals of Texas
• Decided: January 9, 2015
• Docket: 05-14-01102-CR
• Status: Published

Opinion

Order entered January 9, 2015

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01102-CR

MARIAN BERNARD ZIOLKOWSKI, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-80990-1997

ORDER The Court REINSTATES the appeal.

On October 31, 2014, we ordered the trial court to make findings regarding why the

clerk’s and reporter’s records had not been filed. We received the clerk’s record on December 5,

2014. We ADOPT the trial court’s findings that: (1) appellant desires to pursue the appeal; (2)

appellant was represented by retained counsel at trial but is representing himself on appeal; (3)

appellant did not complete an affidavit of indigence nor did he request appointment of counsel

for the appeal; (4) appellant paid for the clerk’s record on December 2, 2014; (5) Sheri Vecera is

the court reporter who recorded the proceedings; and (6) appellant has neither requested

preparation of the reporter’s record nor made payment arrangements for it. Accordingly, we ORDER the appeal submitted without the reporter’s record. See TEX.

R. APP. P. 37.3(c).

We ORDER appellant to file a brief that complies with Texas Rule of Appellate

Procedure 38.1 by FEBRUARY 17, 2015.

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

Vecera, official court reporter, 199th Judicial District Court, and the Collin County District

Attorney’s Office.

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

Bernard Ziolkowski, 2609 Lookout Drive, Garland, Texas 75044.

/s/ LANA MYERS JUSTICE