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Abraham v. State

Fourth Court of Appeals San Antonio, Texas
Jul 10, 2013
No. 04-13-00180-CR (Tex. App. Jul. 10, 2013)

Opinion

No. 04-13-00180-CR No. 04-13-00181-CR No. 04-13-00182-CR

07-10-2013

Yacub ABRAHAM, Appellant v. THE STATE OF TEXAS, Appellee


From the 379th Judicial District Court, Bexar County, Texas

Trial Court Nos. 2010CR5071, 2010CR5072, 2010CR5073

Honorable Ron Rangel, Judge Presiding


ORDER

The reporter's record was originally due May 6, 2013; however, the court granted the reporter, Amy Hinds Alvarado, extensions of time until July 5, 2013 to file the record — sixty days after it was originally due. Our last order advised that no further extensions of time would be granted absent a showing of extraordinary circumstances that prevented the timely filing of the record.

The reporter has not filed the record. Instead, she filed another notice of late record, requesting an additional extension until July 22, 2013, to file the record. The notice states that the reporter's work duties have prevented her from completing the record. The court considers sixty days beyond the original due date to be the maximum reasonable extension of time under ordinary circumstances. Extensions beyond sixty days are reserved for extraordinary situations. Although we understand there are competing demands on the court reporter's time, these demands do not constitute extraordinary circumstances and cannot justify lengthy delays in filing the record and potential prejudice to appellant's rights.

We grant the motion for extension of time and order Amy Hinds Alvarado to file the record by July 22, 2013. No further extensions will be granted. If the reporter is unable to perform all her duties and complete the record in a timely manner, she must take whatever steps are necessary, including requesting a substitute reporter or hiring competent assistance, to file the record by the date ordered. If the record is not filed by the date ordered, we may order the reporter to appear and show cause why she should not be held in contempt.

We further order the clerk of this court to serve a copy of this order on Amy Hinds Alvarado by first class United States mail and by certified mail, return receipt requested. Because "[t]he trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed," Tex. R. App. P. 35.3(c), we also order the clerk of this court to serve a copy of this order on the trial court.

______________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of July, 2013.

______________

Keith E. Hottle

Clerk of Court


Summaries of

Abraham v. State

Fourth Court of Appeals San Antonio, Texas
Jul 10, 2013
No. 04-13-00180-CR (Tex. App. Jul. 10, 2013)
Case details for

Abraham v. State

Case Details

Full title:Yacub ABRAHAM, Appellant v. THE STATE OF TEXAS, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jul 10, 2013

Citations

No. 04-13-00180-CR (Tex. App. Jul. 10, 2013)