Rebecca Jean Cagle v. State

Opinion

Order entered October 17, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00933-CR

REBECCA JEAN CAGLE, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas

Trial Court Cause No. F10-11213-P

ORDER

The Court REINSTATES the appeal.

On September 11, 2013, we ordered the trial court to make findings regarding when appellant’s notice of appeal was delivered to prison authorities for mailing and also regarding the status of the reporter’s record. We ADOPT the findings that: (1) an envelope was presented at the hearing showing a post-mark date of June 3, 2013 indicating appellant delivered her notice of appeal to prison authorities for mailing on or before the due date of June 10, 2013; (2) appellant desires to pursue the appeal; (3) appellant is indigent and represented by court-appointed counsel and the Dallas County Public Defender’s Office has been appointed to represent appellant; (4) Lisabeth Kellett is the court reporter who recorded the proceedings; (5) Ms. Kellett’s explanation for the delay in filing the reporter’s record is that she did not receive notice the appeal had been filed until the September 11, 2013 order issued; and (6) Ms. Kellett requires thirty days to file the reporter’s record.

We DIRECT the Clerk to list the Dallas County Public Defender’s Office as appellant’s attorney of record.

We ORDER court reporter Lisabeth Kellett to file the reporter’s record within THIRTY DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to Lisabeth Kellett, official court reporter, 203rd Judicial District Court; Katherine Drew, Appellate-Chief, Dallas County Public Defender’s Office; and the Dallas County District Attorney’s Office.

/s/ DAVID EVANS

JUSTICE