Opinion
No. 04-15-00799-CR
04-19-2016
Eric G. YZAGUIRRE, Appellant v. The STATE of Texas, Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 13-1569-CR-C
Honorable Gary L. Steel, Judge Presiding
ORDER
Appellant's brief was originally due February 29, 2016, but was not filed. Because appellant's counsel filed neither the brief nor a motion to extend time to file the brief, this court sent counsel a notice advising him the brief was past due. On March 11, 2016, in response to our notice, counsel filed a motion to extend time to file the brief, which this court granted. After we granted appellant's first request for extension of time, his brief was due April 11, 2016 — forty-two days from the original due date. The brief was not file by the due date, but on April 17, 2016, appellant's counsel filed a second motion to extend time to file his brief and a motion to supplement the reporter's record. In the motion to supplement, and for the first time, appellant's counsel states certain portions of the reporter's record have not been filed and he cannot complete the appellate brief without them. In his extension, he asks that he be allowed thirty days after the record is supplemented to file his brief.
First, this court does not know whether counsel has requested the missing portions of the record from the court reporter. To our knowledge, he has merely filed the request to supplement in this court. It is incumbent upon counsel to request those portions of the reporter's record he believes are necessary for appeal from the reporter. Accordingly, we GRANT appellant's request to supplement the record and ORDER appellant's counsel to serve upon the court reporter a written notice requesting those portions of the record he believes have not been filed and are necessary for the appeal. Counsel's request should be sufficiently specific to permit the reporter to discern the portions of the record to be filed. Counsel is ORDERED to serve the written notice upon the reporter on or before April 25, 2016. We further ORDER counsel to file a copy of the written notice in this court on the same date upon which it is served on the reporter. We ORDER the court reporter to file those portions of the record requested by counsel in this court on or before May 24, 2016. If the reporter is unable to file the requested portions of the record, the reporter is ORDERED to file a written notice explaining why the record cannot be supplemented as requested by counsel. Such notice shall be filed in this court on or before April 29, 2016. Counsel for appellant is advised to review the supplemental reporter's record filed in this court and determine if it is complete.
We order the clerk of this court to serve a copy of this order on all counsel, the court reporter, and the trial court.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of April, 2016.
/s/_________
Keith E. Hottle
Clerk of Court