State v. Terrance Germaine Wilkins
Opinion
Order entered August 13, 2013
In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00154-CR
THE STATE OF TEXAS, Appellant
V.
TERRANCE GERMAINE WILKINS, Appellee
On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F10-62224-X
ORDER The appellate record reflects that the State may have tendered notes to the court under
seal. The record also reflects that the court may have conducted a pretrial hearing on or about
May 11, 2011. Neither the notes nor the transcript of the hearing, if any, appear in our record.
The trial court is ORDERED to conduct a hearing to determine whether the State’s notes
were actually tendered to the trial court under seal, and if so, to transmit to this Court, within
THIRTY DAYS of this order, a supplemental reporter’s record that includes these notes. The
supplemental record may be filed under seal. If the notes were not tendered to the trial court, the
trial court should so advise this Court.
The trial court is FURTHER ORDERED to determine, at the hearing referenced above,
whether a pretrial hearing was conducted on or about May 11, 2011, and if so, (1) whether the court reporter preserved her notes on such hearing, (2) whether there was a request to transcribe
the hearing, and (3) whether the hearing was in fact transcribed. If the hearing was transcribed,
the court shall transmit to this Court, within THIRTY DAYS of this order, a supplemental
reporter’s record containing the transcription of the May hearing. If the hearing was not
conducted, the court reporter’s notes are not available or the hearing was not transcribed, the trial
court should so advise this Court.
On the Court’s motion, the appeal is ABATED to allow the trial court to comply with
this order. We DIRECT the Clerk of the Court to send copies of this order, by electronic
transmission, to the Honorable Judge Jeanine Howard, Presiding Judge, Criminal District Court
Number 6, Dallas County, Texas, and to counsel for all parties.
/s/ KERRY P. FITZGERALD JUSTICE
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