Opinion
05-23-00119-CR
06-01-2023
ASHLEY NICOLE WILSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court No. 8 Dallas County, Texas Trial Court Cause No. MA19-04281-J
ORDER
NANCY KENNEDY, JUSTICE
Appellant's motion for extension of time to file the brief is GRANTED, and we ORDER the brief filed on or before JULY 14, 2023.
The reporter's record filed March 24, 2023 in this appeal is missing State's exhibit 12, described in the exhibit index as "Defendant's Statement (DVD)." Volume 2 of the reporter's record, which is the exhibit volume, includes a photograph of the DVD, but the court reporter has not uploaded the contents of the DVD into the appellate record through the Texas Appeals Management and E-filing System records submission portal.
It is the court reporter's duty to file the reporter's record, including all exhibits, in an electronic format through the Texas Appeals Management and E-filing System records submission portal (TAMES). See Tex. R. App. P. App. C, R. 2; Unif. Format Manual for Tex. Reporter's Recs. § 8 (amended June 28, 2010), https://www.txcourts.gov/media/244178/Uniform-Format-Manual-20100701.pdf. Audio and video files may be submitted in MP3 or MP4 formats. Off. of Ct. Admin. TAMES RSP User Guide 7 (2013), https://rsp.txcourts.gov/training/TAMES-RSP-User-Guide.pdf. When an exhibit exceeds the maximum file size to pass through the TAMES portal, the court reporter must separate the exhibit file into multiple smaller files that meet the TAMES portal's limits. See Uniform Format Manual at §§ 8.9, 8.10; Off. of Ct. Admin. TAMES RSP User Guide 8 (2013), https://rsp.txcourts.gov/training/TAMES-RSP-User-Guide.pdf. Physical media cannot be sent to the appellate court unless the appellate court orders the physical item filed. See Uniform Format Manual at §§ 8.9. 8.10.
This Court has not ordered the physical discs or drives containing the recordings to be filed. Therefore, it is court reporter Vicki Ogden's duty, as the court reporter, to file the electronic media exhibits through the TAMES portal.
We ORDER Ms. Ogden to electronically file any and all recordings on State's exhibit 12 into TAMES within TWENTY DAYS of the date of this order. Ms. Ogden shall separate any recording that exceeds the maximum file size to pass through the TAMES portal into multiple smaller files that meet the TAMES portal's limits. If Ms. Ogden cannot electronically file one or more recordings into TAMES, then she shall file a written statement within THIRTY DAYS of the date of this order explaining the steps taken to file the exhibits and an explanation of why the exhibits cannot be filed into TAMES, including whether the exhibits can be converted into a format permitting them to be filed into TAMES. If the exhibits are not filed into TAMES or a written explanation is not received within that time, the Court will utilize whatever remedies it has available, which may include abating the case for the trial court to determine why the exhibits cannot be filed or ordering that Ms. Ogden not sit as a court reporter until she files the complete reporter's record in this appeal.
We DIRECT the Clerk to send copies of this order to the Honorable Carmen White, Presiding Judge, County Criminal Court No 8, Dallas County; Vikki Ogden, Court Reporter; and counsel for all parties.