Opinion
No. 04-17-00343-CR
08-18-2017
Paul COCKRUM, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 13, Bexar County, Texas
Trial Court No. 524802
The Honorable Crystal D. Chandler, Judge Presiding
ORDER
The reporter's record for this appeal was due to be filed on July 28, 2017. On August 1, 2017, this court notified the court reporter that the reporter's record was late. The court reporter responded to our notice by filing a notification of late record stating that the reporter's record has not been filed because: (1) appellant has failed to pay or make arrangements to pay the reporter's fee for preparing the record and appellant is not entitled to appeal without paying the fee; (2) appellant has failed to request the record in writing; and (3) the court reporter understood the appellant had filed a letter in the trial court stating he was not proceeding with the appeal.
By order dated June 2, 2017, this court acknowledged the letter filed by appellant in the trial court stating his intention to withdraw his appeal. Appellant was instructed that he was required to file a motion in this court requesting that his appeal be dismissed in order for this court to dismiss the appeal. See TEX. R. APP. P. 42.2(a). Appellant did not file a motion to dismiss his appeal in response to this court's order.
It is therefore ORDERED that appellant provide written proof to this court within ten days of the date of this order that: (1) appellant has requested the court reporter to prepare the reporter's record in writing, which request must designate the portions of the proceedings and the exhibits to be included; see TEX. R. APP. P. 34.6(b)(1); and (2) either (a) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (b) 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 (30) days from the date of this order, and the court will consider only 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).
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of August, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk