Opinion
04-23-00468-CR
05-26-2023
Ricky Lee REYES, Appellant v. The STATE of Texas, Appellee
From the 229th Judicial District Court, Jim Hogg County, Texas Trial Court No. 21-CRJ-76 Honorable Baldemar Garza, Judge Presiding
ORDER
PATRICIA O. ALVAREZ, JUSTICE
The reporter's record for this appeal was due on December 23, 2022. See TEX. R. APP. P. 35.2(b). The reporter's record is currently overdue. See id.
Appellant Ricky Lee Reyes was convicted and sentenced on August 25, 2022. On September 12, 2022, Reyes filed his notice of appeal in the trial court. He filed a motion for new trial on September 23, 2022. On November 7, 2022, the trial court denied Reyes' motion for new trial. On November 9, 2022, Reyes requested the reporter's record.
This court received Reyes' notice of appeal on May 1, 2023. The clerk's record was filed with this court on May 3, 2023. The certification of Reyes' right to appeal was filed on May 24, 2023. No reporter's record has been filed.
We order court reporter Ramiro Hernandez to file the reporter's record in this court not later than FIFTEEN DAYS from the date of this order. See id. R. 35.3(c).
If the reporter's record is not filed as ordered, a show cause order may issue directing Ramiro Hernandez to appear on a day certain and show cause why she should not be held in contempt for failing to file the record. See TEX. R. APP. P. 35.3(c); see also TEX. GOV'T CODE ANN. § 21.002 (authorizing contemnor punishment up to “a fine of not more than $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail”); Johnson v. State, 151 S.W.3d 193, 195-96 (Tex. Crim. App. 2004) (noting the court's previous action holding a court reporter in contempt for "repeatedly fail[ing] to prepare and file the record" and "order[ing] him incarcerated . . . until the record was finished").
We direct the clerk of this court to cause a copy of this order to be served on Ramiro Hernandez by certified mail, return receipt requested, with delivery restricted to addressee only, or give other personal notice of this order with proof of delivery.