Opinion
04-24-00425-CR
08-16-2024
William James BALLESTERO, Appellant v. The STATE of Texas, Appellee
From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR8091 Honorable Ron Rangel, Judge Presiding
ORDER
Liza A. Rodriguez, Justice
On July 26, 2024, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. On August 14, 2024, appellant filed a response demonstrating (1) he filed his notice of appeal within fifteen days of the last day allowed for filing a notice of appeal and (2) he timely filed in this court a motion for extension of time to file his notice of appeal. See TEX. R. APP. P. 26.3. ACCORDINGLY, WE GRANT APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE HIS NOTICE OF APPEAL.
Because (1) appellant's notice of appeal was filed within fifteen days of the last day allowed for filing, (2) a motion for extension of time was timely filed in this court, and (3) the motion for extension of time was granted, we have jurisdiction over this appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
However, the reporter's record has not been filed. On July 15, 2024, the court reporter responsible for filing the reporter's record filed a notification of late record, stating that appellant is not entitled to appeal without paying the reporter's fee and has failed to pay or make arrangements to pay the fee for preparing the reporter's record.
We, therefore, ORDER appellant to provide written proof to this court within ten days of the date of this order that either (1) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (2) appellant is entitled to appeal without paying the reporter's fee. If appellant fails to respond within the time provided, appellant's brief will be due within thirty days from the date of this order, and the court will only consider 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).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of August, 2024.