Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/11/2015 3:36:27 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-12-00896-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 9/11/2015 3:36:27 PM CHRISTOPHER PRINE CLERK No. 01-12-00896-CR In the Court of Appeals For the First District of Texas At Houston No. 1793757 In the County Court at law No. 8 of C RAIG L YNN B EAL Appellant v.
THE STATE OF TEXAS Appellee STATE’S OBJECTION TO APPELLANT’S MOTION TO REINSTATE
APPEAL & MOTION FOR TRIAL COURT TO WITHDRAW FINDINGS OF
FACT AND CONCLUSIONS OF LAW TO THE HONORABLE COURT OF APPEALS OF TEXAS:
COMES NOW THE STATE OF TEXAS, and objects to appellant’s motion
to reinstate the appeal and moves for the Judge Sherman Ross, sitting as the Judge for
Harris County, County Court at Law No. 8, to withdraw the previously filed “agreed
proposed findings of fact and conclusions of law,” and to file new proposed findings
of fact and conclusions of law. The State makes this objection and this motion based
on the following: On June 30, 2015, Judge Sherman Ross, sitting as the Judge for Harris
County, County Court at Law No. 8, signed certain findings of fact
and conclusions of law in response to an abatement order from the
First Court of Appeals.
2. In the “agreed proposed findings of fact and conclusions of law”
signed by Judge Sherman Ross on June 30, Judge Sherman Ross made
the following finding: “[t]he Court hereby finds that this case is one
of the nine in which reporter’s record was lost of destroyed due to the
court reporter’s medical condition and personal and professional
problems and that the record cannot be reconstructed to the degree
necessary for a meaningful review.”
3. On September 10, 2015, the court reporter, Sondra Humphrey, filed
the reporter’s record in the above styled case.
4. On September 10, 2015, the First Court of Appeals rejected the
reporter’s record filed by Ms. Humphrey because the record “[did]
not comply with the Texas Rules of Appellate
Procedure…[s]pecifically the exhibit volume does not contain any of
the indexed and listed exhibits.”
5. The State has reviewed the reporter’s reporter filed by Ms.
Humphrey and the record appears to be both complete and accurate,
with the exception of the exhibit volume. Once the exhibits are filed, or replaced if lost or destroyed, the record
will be complete.
7. The State objects to item #4 of appellant’s motion to reinstate the
appeal, which states that “[a]ppellant suggests this case be submitted
and decided on the basis of the trial court’s findings as occurred in
the similar case of Victor Bankett v. State, 01-13-00896-CR.”
8. The State’s object to item #4 of appellant’s motion to reinstate the
appeal based on the fact that the reporter’s record exists and was filed
by Ms. Humphrey on September 10, 2015. The State moves that Judge Sherman Ross, sitting as Judge of Harris
County, County Court at Law No. 8, withdraw the findings of fact
and conclusions of law entered June 30, 2015, based on the fact that
the reporter’s record exists and was filed by Ms. Humphrey on
September 10, 2015.
WHEREFORE, the State prays that this Court will grant the State’s objection
to appellant’s motion to reinstate the appeal and motion for the trial court to
withdraw its findings of fact and conclusions of law.
Respectfully submitted, /s/ Abbie Miles Abbie Miles Assistant District Attorney 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 24072240 *4 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been mailed to the
appellant’s attorney at the following address on September 11, 2015:
Sarah v. Wood
1201 Franklin, 13 th Floor
Houston, Texas 77002
Sarah. Wood@pdo.hctx.net
/s/ Abbie Miles Abbie Miles Assistant District Attorney Date: September 11, 2015