Opinion
04-22-00725-CV
11-10-2022
David Gene BECKA, Appellant v. The STATE of Texas, Appellee
From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR1257 Honorable Andrew Wyatt Carruthers, Judge Presiding
ORDER
PATRICIA O. ALVAREZ, JUSTICE
In this accelerated appeal, the notice of appeal was filed in the trial court on October 28, 2022, and the reporter's record was initially due on November 7, 2022. See TEX. R. APP. P. 35.1(b).
However, the original notice of appeal was not sent to the court reporter responsible for preparing the record, contra TEX. CIV. PRAC. & REM. CODE ANN. § 51.017(a); TEX. R. APP. P. 25.1(e), and no docketing statement was filed, contra TEX. R. APP. P. 32.1.
On November 9, 2022, court reporter Roxanne F. Pena filed a first motion for extension of time to file the reporter's record. She requested a sixty-day extension of time to file the record. She notes that the "priority status [for this record] is behind three other records."
By statute, this appeal must be given priority over all other appeals. See TEX. HEALTH & SAFETY CODE ANN. § 574.070 ("The court of appeals and supreme court shall give an appeal under this section preference over all other cases and shall advance the appeal on the docket." (emphasis added)).
We ORDER Roxanne F. Pena to give this record the highest priority status in the order of preparing records. See id.
The reporter's record is due on November 17, 2022. See TEX. R. APP. P. 35.3(c) (limiting an extension in an accelerated appeal to ten days).