Opinion
No. 04-16-00613-CR
11-28-2016
Victor Leonel RODRIGUEZ, Appellant v. The STATE of Texas, Appellee
From the 111th Judicial District Court, Webb County, Texas
Trial Court No. 2015CRS001361 D2
Honorable Monica Z. Notzon, Judge Presiding
ORDER
On October 20, 2016, the court reporter responsible for preparing the reporter's record in this appeal filed a notification of late record stating the reporter's record had not been filed because appellant: (1) had failed to pay or make arrangements to pay the reporter's fee for preparing the record and appellant is not entitled to appeal without paying the fee; and (2) had failed to request the record in writing. By order dated October 21, 2016, appellant was ordered to provide written proof to this court by October 31, 2016 that (1) the appellant had requested the court reporter to prepare the reporter's record, which request must designate the portions of the proceedings and the exhibits to be included, see TEX. R. APP. P. 34.6(b)(1); and (2) either (a) the reporter's fee had been paid or arrangements have been made to pay the reporter's fee; or (b) appellant is entitled to appeal without paying the reporter's fee. The order stated that if appellant failed to respond within the time provided, appellant's brief would be due by November 21, 2016, and the court would consider only those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c).
Appellant did not respond to our prior order and has not filed his brief. Appellant's attorney is ORDERED to respond to this court in writing within ten days of the date of this order. The response should state a reasonable explanation for failing to timely file the brief and demonstrate the steps being taken to remedy the deficiency. If appellant's attorney fails to file an adequate response within ten days, this appeal will be abated to the trial court for an abandonment hearing, and the trial court will be asked to consider whether sanctions are appropriate. TEX. R. APP. P. 38.8(b)(2).
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of November, 2016.
/s/_________
Keith E. Hottle
Clerk of Court