Opinion
CAUSE NO. 12-13-00061-CR
07-18-2013
CLARENCE MONTGOMERY, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 349TH DISTRICT COURT
IN AND FOR
HOUSTON COUNTY, TEXAS
ORDER TO CONDUCT HEARING ON REPORTER'S RECORD
The reporter's record in the above-entitled case was originally due to be filed in this Court by March 7, 2013. TEX. R. APP. P. 35.2. Extensions of time have been granted to the court reporter through July 5, 2013, with "no further extensions" allowed. Because the record was not filed within the prescribed deadline, pursuant to TEX. R. APP. P. 37.3, on April 8, 2013 and May 28, 2013, counsel and the reporter were notified that the record has not been filed within the time allowed, and the reporter was instructed to file the reporter's record on or before May 28, 2013; otherwise, a hearing would be conducted to determine the cause of the reporter's failure to comply. The reporter's record, however, has still not been filed.
Pursuant to TEX. R. APP. P. 35.3(c), it is ORDERED that the Honorable Mark A. Calhoon, Judge of the 349th District Court of Houston County, Texas, shall: 1) immediately conduct a hearing to determine why the reporter has not filed the record within the time allotted; 2) take any action necessary to procure prompt filing of the record; 3) make findings of fact and conclusions of law; and 4) transmit a record of the hearing to the Twelfth Court of Appeals.
It is further ORDERED that the reporter's transcription of this hearing and the supplemental clerk's record, including any orders, recommendations and findings, be filed with the clerk of this Court on or before August 19, 2013.
WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12th Court of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF OFFICE at my office this 18th day of July 2013, A.D.
Respectfully yours,
CATHY S. LUSK, CLERK
By: ___________________________
Katrina McClenny, Chief Deputy Clerk