Order entered November 14, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00403-CR

HEATHER STORER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 282nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F12-31208-S

ORDER

The Court REINSTATES the appeal.

On August 9, 2013, this Court ordered the trial court to make findings regarding why the 

reporter’s record has not been filed. On October 28, 2013, appellant’s attorney filed a motion to 

dismiss the appeal. However, because the motion is not signed by appellant, as required by 

Texas Rule of Appellate Procedure 42.2(a), the Court notified counsel by letter that we could not 

act on the motion. We informed counsel that his inability to locate appellant was a matter that 

should be brought to the trial court’s attention as part of the abatement hearing. To date, we have 

not received the findings or the reporter’s record, nor has counsel filed an amended motion to 

dismiss the appeal that complies with rule 42.2(a).

Accordingly, we DENY the October 28, 2013 motion to dismiss the appeal.
We ORDER the Honorable Andy Chatham, Presiding Judge of the 282nd Judicial 

District 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 Honorable Andy Chatham shall first determine whether appellant desires to 

prosecute the appeal. If the Honorable Andy Chatham determines that appellant does not

desire to prosecute this appeal, he shall make a finding to that effect.

• If the Honorable Andy Chatham determines that appellant desires to prosecute the appeal, 

he 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 Honorable Andy Chatham shall make a finding to that effect. 

Moreover, if appellant is indigent, the Honorable Andy Chatham is ORDERED to take 

such measures as may be necessary to assure effective representation, which may include 

appointment of new counsel. If the Honorable Andy Chatham finds appellant is not 

indigent, he shall determine whether retained counsel has abandoned the appeal.

• The Honorable Andy Chatham 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 Honorable Andy Chatham to transmit a supplemental 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.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the 

Honorable Andy Chatham, Presiding Judge, 282nd Judicial District Court, and to counsel for all 

parties.

The appeal is ABATED to allow the Honorable Andy Chatham to comply with this 

order. It shall be reinstated thirty days from the date of this order or when the supplemental 

record is received, whichever is earlier.

/s/ DAVID EVANS 

JUSTICE