Opinion
No. 06-17-00033-CR
05-23-2017
DONALD COLEMAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 5th District Court Bowie County, Texas
Trial Court No. 16F1074-005 Before Morriss, C.J., Moseley and Burgess, JJ. ORDER
Court reporter Leslie Bates recorded the trial court proceedings in appellate cause number 06-17-00033-CR, styled, Donald Coleman v. The State of Texas, trial court cause number 16F1074-005, in the 5th Judicial District Court of Bowie County, Texas. The reporter's record was originally due in this matter on or before March 13, 2017. That deadline was extended twice by this Court on Bates' request, resulting in the most recent due date of May 15, 2017. Bates has now filed a third motion seeking another extension of this filing deadline.
The Texas Rules of Appellate Procedure establish that "trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed." TEX. R. APP. P. 35.3(c). The Rules further instruct that an "appellate court may enter any order necessary to ensure the timely filing of the appellate record." Id. In furtherance of our responsibilities established by the Rules, we find we must take steps to ensure that the record in this case is filed in a reasonable amount of time.
Therefore, we overrule Bates' third request for an extension of the filing deadline and order her to file the reporter's record in cause number 06-17-00033-CR, styled, Donald Coleman v. The State of Texas, trial court cause number 16F1074-005, in the 5th Judicial District Court of Bowie County, Texas, to be received by this Court no later than Monday, May 30, 2017.
If the reporter's record is not received by May 30, we warn Bates that we may begin contempt proceedings and order her to show cause why she should not be held in contempt of this Court for failing to obey its order.
IT IS SO ORDERED.
BY THE COURT Date: May 23, 2017