Opinion
No. 05-17-00814-CR
04-24-2018
MIGUEL E. GARCIA ARRENDONDO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 297th District Court Tarrant County, Texas
Trial Court Cause No. 1468097R
ORDER
Before the Court are appellant's April 19, 2018 motions to (1) extend time to file his brief, (2) direct the court reporter to file the reporter's record with the Tarrant County District Clerk, and (3) unseal volume three of the reporter's record.
Rule 34.6(h) provides that in a criminal case in which a party requests a reporter's record, the court reporter must prepare a duplicate of the reporter's record and file it with the trial court clerk. TEX. R. APP. P. 34.6(h). We GRANT appellant's motion regarding the filing of the reporter's record and ORDER court reporter Valerie Allen to file a copy of the complete reporter's record including all exhibits in this appeal with the Tarrant County District Clerk WITHIN TEN DAYS of the date of this order. We further ORDER Valerie Allen to file, no later than May 7, 2018, written verification with this Court that she has complied with our order.
We DENY appellant's motion to unseal volume 3 of the reporter's record. Nevertheless, we ORDER that appellate counsel and counsel for the State, upon presentation of proper identification in person to the Clerk of this Court or the Tarrant County District Clerk, may review the contents of sealed volume 3 of the reporter's record at the office of either clerk during regular office hours.
We GRANT appellant's third motion to extend time to file his brief and ORDER the brief filed on or before May 21, 2018. Appellant is cautioned that the failure to file a brief by that date may result in the appeal being abated for a hearing under rule 38.8(b). TEX. R. APP. P. 38.8(b).
We DIRECT the Clerk to send copies of this order to the Honorable David Hagerman, Presiding Judge, 297th Judicial District Court; Valeria Allen, court reporter, 297th Judicial District Court; and to counsel for all parties.
/s/ LANA MYERS
JUSTICE