Order entered July 29, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00629-CR

No. 05-14-00630-CR

STAFFON LADARIUS-DELA SPARKS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District Court

Dallas County, Texas

Trial Court Cause Nos. F08-25612-M, F08-40995-M

ORDER

The reporter’s record is overdue in these appeals. Additionally, after reviewing the 

record, the Court questions the accuracy of the trial court’s certifications of appellant’s right to 

appeal. Specifically, the certifications state the cases involve plea bargains and appellant has no 

right to appeal. The documents in the clerk’s record, however, reflect that the plea agreements 

were during the hearing on the State’s motions to proceed with adjudication of guilt. See 

Hargesheimer v. State, 182 S.W.3d 906, 912–13 (Tex. Crim.App. 2006); Dears v. State, 154 

S.W.3d 610, 613 (Tex. Crim. App. 2005). Because it does not appear the certifications are 

correct, on May 22, 2014, the Court sent the trial court a letter questioning the accuracy of the 
certifications and asking for amended certifications. To date, we have had no response from the 

trial court.

Accordingly, the Court ORDERS the trial court to make findings of fact regarding the 

following.

 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 the appeals, it shall 

make a finding to that effect.

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

shall next determine whether the certifications of appellant’s right to appeal accurately 

reflect the trial court proceedings, as noted above. If the trial court determines the 

certifications are not correct, the trial court shall prepare amended certifications that 

accurately reflect the trial court proceedings.

 The trial court 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 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.

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

shall be reinstated thirty days from the date of this order or when the findings are received, 

whichever is earlier.

/s/ LANA MYERS 

JUSTICE