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Thomas v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 9, 2023
No. 05-22-00139-CR (Tex. App. Aug. 9, 2023)

Opinion

05-22-00139-CR

08-09-2023

KEPHREN MARCUS THOMAS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F20-36078-T

ORDER

ROBERT D. BURNS, III, CHIEF JUSTICE

We REINSTATE this appeal.

On June 5, 2023, this Court ordered the Honorable Lela D. Mays, Presiding Judge, 283rd Judicial District Court, to hold a hearing and make findings and render any necessary orders concerning the filing in this Court of the State's exhibits that court reporter Sharina Fowler was unable to file through the TAMES portal. According to Ms. Fowler's letter of July 5, 2023, those exhibits still not filed are State's exhibits 314, 317, 335 through 343, and 487. We ordered the trial court to file its findings and orders with this Court within forty-five days of the date of the order, which was July 20, 2023. On August 7, 2023, the district clerk notified this Court by letter that the clerk's office had not received the trial court's finding. As of the date of this order, this Court has not received the trial court's findings.

Accordingly, we ORDER Judge Mays to comply with this Court's order of June 5, 2023, and file within FIFTEEN DAYS of the date of this order the written findings and orders required by this Court's order of June 5, 2023. The court reporter shall file a supplemental reporter's record of the hearing required by this court's order of June 5, 2023, within THIRTY DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order to the Honorable Lela D. Mays, Presiding Judge, 283rd Judicial District Court; Felicia Pitre, Dallas County District Clerk; Sharina Fowler, Official Court Reporter for the 283rd Judicial District Court; and counsel for all parties.

This appeal is ABATED for the trial court to comply with the above order. The appeal will be reinstated when the supplemental clerk's record containing the trial court's findings, recommendations, and orders is received or at such other time as the Court deems proper.


Summaries of

Thomas v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 9, 2023
No. 05-22-00139-CR (Tex. App. Aug. 9, 2023)
Case details for

Thomas v. State

Case Details

Full title:KEPHREN MARCUS THOMAS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 9, 2023

Citations

No. 05-22-00139-CR (Tex. App. Aug. 9, 2023)