Rodney Deon Sampson v. State

• Court: Court of Appeals of Texas
• Decided: February 28, 2013
• Docket: 05-12-01651-CR
• Status: Published

Opinion

Order entered February 28, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01649-CR No. 05-12-01651-CR

RODNEY DEON SAMPSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause Nos. F11-53201-K, F11-53164-k

ORDER By letters dated December 12, 2012, January 18, 2013, and February 6, 2013, the Court

notified the trial court that the boxes have not been checked on the trial court’s certification of

appellant’s right to appeal filed in cause no. 05-12-01649-CR. We asked the trial court to review

the record and to file a certification that accurately reflects the trial court’s proceedings. To date,

we have not received a completed certification.

Moreover, the reporter’s record is overdue in these appeals. Accordingly, the Court

ORDERS the trial court to make findings 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 appeals. If the trial court determines that appellant does not desire to prosecute these appeals, it shall make a finding to that effect.

• If the trial court determines that appellant desires to prosecute the appeals, 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 appeals.

• The trial court shall next determine: (1) the name and address of each court reporter who recorded the proceedings in 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 transmit a supplemental record, containing the written

findings of fact, any supporting documentation, and any orders, to this Court within THIRTY

DAYS of the date of this order. We ORDER the trial court to include a completed copy of the

certification of appellant’s right to appeal in cause no. 05-12-01649-CR in the supplemental

clerk’s record.

The appeals are ABATED to allow the trial court to comply with this order. They shall

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

whichever is earlier. /s/ CAROLYN WRIGHT CHIEF JUSTICE