Millage, Cedric Derrell v. State

Opinion

Order entered December 13 ,2012

In The

No. 05-12-00636-CR

CEDRIC DERRELL MILLAGE, Appellant

VO

THE STATE OF TEXAS, Appellee

On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 366-80247-07

ORDER

The Court ORDERS the trial court to make fmdings of fact regarding whether appellant

has been deprived of the reporter’s record because of ineffective counsel, indigence, or for any

other reason.

¯ The trial court shall first determine whether appellant desires to prosecute the appeal. If the trial court determines that appellant does not desire to prosecute this appeal, it shall make a finding to that effect.

¯ If the trial court determines that appellant desires to prosecute the appeal, it shall next determine whether appellant is indigent and entitled to proceed without payment of costs for the reporter’s record. If appellant is entitled to proceed without payment of costs, the trial court shall make a finding to that effect. Moreover, if appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. If the trial court finds appellant is not indigent, it shall determine whether retained counsel has abandoned the appeal. The trial court shall next determine: (l) the name and address of each court reporter who recorded the proceedings m this cause; (2) the court reporter’s explanation for the delay in filing the reporter’s record; and (3) the earliest date by which the reporter’s record can be filed.

We ORDER the trial court to tmn~smit a supplemental record, contaimng the written findings of fact, any supporting documentation, and any orders, to this Court within THIRTY

DAYS of the date of this order.

The appeal is ABATED to allow the trial court to comply with this order. It shall be

reinstated thirty days from the date of this order or when the supplemental record is received,

whichever is earlier.

DAVID L. GES JUSTICE