Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/11/2015 7:53:09 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-12-00896-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 9/11/2015 7:53:09 AM CHRISTOPHER PRINE CLERK
I N THE C OURT OF A PPEALS FOR THE
F IRST D ISTRICT C OURT OF A PPEALS
N O . 01-12-00896-CR
C RAIG B EAL
A PPELLANT On Appeal from Cause No. 1793757
From the County Criminal Court #8
Harris County, Texas
V.
T HE S TATE OF T EXAS
A PPELLEE M OTION TO R EINSTATE C ASE
________________________________________________________________________
C RAIG L YNN B EAL , Appellant, requests that this appeal be reinstated and that
this Court issue a judgment in accordance with the findings submitted by the trial court
that the appellant is entitled to a new trial.
1. The trial in this misdemeanor case occurred three years ago on September 12,
2012.
2. On June 30, 2015, the trial court entered findings stating that the court reporter,
Sondra Humphrey, failed to keep a record in this case and will not ever file a
complete and accurate record. She has been in continuous non-compliance—
and held in contempt of court—for failing to turn over any of her materials or
notes in this case or even appear in court as ordered repeatedly by this Court and
the trial court over the course of years.
3. On June 30, 2015, the trial court found that the appellant is entitled to a new
trial.
4. Appellant suggests that this case be submitted and decided on the basis of the
trial court’s findings as occurred recently in the similar case of Victor Bankett v.
State, 01-13-00896-CR.
*2 PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court reinstate this
appeal and issue a judgment in accordance with the trial court’s findings.
Respectfully Submitted,
A LEXANDER B UNIN
Chief Public Defender
Harris County, Texas
/s/ Sarah V. Wood S ARAH V. W OOD
Assistant Public Defender
Harris County, Texas
Texas Bar Number 24048898
1201 Franklin, 13 th Floor
Houston, Texas 77002
Phone: (713) 368-0016
Fax: (713) 368-9278
Sarah.Wood@pdo.hctx.net
CERTIFICATE OF SERVICE
By my signature below, I hereby certify that a true and correct copy of the above and foregoing
has been served upon the Harris County District Attorney's Office – Alan Curry, via the
electronic filing service.
/s/ Sarah V. Wood
Sarah V. Wood
2