Order entered December 6, 2016

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-01439-CR

GUILLERMO DE JES BERRIOS-HERNANDEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 7

Dallas County, Texas

Trial Court Cause No. F14-76828-Y

ORDER

We REINSTATE this appeal.

The notice of appeal in this case was filed November 24, 2015. By order dated April 22, 

2016, we noted the reporter’s record was overdue and that the clerk’s record did not contain the 

trial court’s certification of appellant’s right to appeal. See TEX. R. APP. P. 25.2(a), (d); Cortez v. 

State, 420 S.W.3d 803 (Tex. Crim. App. 2013). We ordered the trial court to (1) prepare a 

certification of appellant’s right to appeal that accurately reflects the trial court proceedings and 

(2) to make findings of fact regarding the reporter’s record. Despite a request for a status update, 

the Court has not received the necessary information for this appeal to proceed.

We ORDER the trial court to prepare a certification of appellant’s right to appeal that 

accurately reflects the trial court proceedings and to FILE said certification in a supplemental 

clerk’s record within FIFTEEN DAYS of the date of this order. 
We further ORDER the trial court to make findings of fact regarding whether appellant 

has been deprived of the reporter’s record because of ineffective counsel, indigence, or for any 

other reason.

 The trial court shall first determine whether appellant desires to prosecute the appeal. If 

the trial court determines that appellant does not desire to prosecute the appeal, it shall 

make a finding to that effect.

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

appeal.

 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 FIFTEEN DAYS of the date 

of this order. 

We again ABATE this appeal to allow the trial court to comply with this order. The 

appeal shall be reinstated fifteen days from the date of this order or when the findings are 

received, whichever is earlier.

We DIRECT the Clerk to send copies of this order to the Honorable Elizabeth Frizell, 

Presiding Judge, Criminal District Court No. 7; Vearneas Faggett, official court reporter, 

Criminal District Court No. 7; and counsel for all parties.

/s/ ADA BROWN 

JUSTICE