Opinion
No. 08-13-00012-CR
11-27-2013
SHAWNTRELL DAWKINS, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the
409th District Court
of El Paso County, Texas
(TC# 20090D05205)
AMENDED ORDER
On November 20, 2013, the Court granted a motion filed by Appellant to extend the time to file a supplemental reporter's record and extended the due date until December 7, 2013. Since a previous extension had been granted, the Court ordered Ms. Kathleen Supnet, the court reporter responsible for filing the supplemental record, to file the record by the due date and stated that no further requests for extension of time would be considered by the Court. Ms. Supnet immediately filed a letter expressing her concerns about the order. For the following reasons, we find it necessary to amend our order.
The notice of appeal was filed in this case on January 18, 2013. The clerk's record was filed on March 18, 2013 and the reporter's record was prepared by Ms. Natalie Martinez, court reporter for the 409th District Court, and filed on September 27, 2013. On October 1, 2013, Appellant filed a motion for extension of time for three other court reporters, including Ms. Supnet, to file supplemental reporter's records. Based on the information provided to the Court, it appears that the supplemental records are related to hearings held in the 243rd District Court and these hearings may or may not be relevant to this appeal. On October 2, 2013, Ms. Supnet filed a letter advising that she had been working with Appellant's attorney to determine which of the supplemental records he wanted her to prepare and file but he had not made a decision. The Court granted that motion and extended the time to file the supplemental reporter's records until October 27, 2013. One supplemental record was filed but Ms. Supnet did not file the remaining supplemental record at issue. On November 15, 2013, Appellant filed a second motion for extension of time to file the remaining supplemental reporter's record. He requested additional time because he had not completed his review of a rough transcription of the hearing provided to him by Ms. Supnet. On that same date, Ms. Supnet filed a letter advising that her last contact with Appellant's attorney was on October 28, 2013 when she forwarded to him a "dirty 240-page PDF" for him to review.
Appellant's counsel has requested two extensions of time to file the supplemental record and Ms. Supnet has not requested any extensions of time. It appears that the supplemental record has not been filed because Appellant's counsel has not yet determined whether the record is necessary for the appeal. Thus, the delay in filing the supplemental reporter's record is attributable to Appellant's counsel.
We find it necessary to amend our order dated November 20, 2013 in order to clarify the responsibility of Appellant's counsel and Ms. Supnet. Appellant's motion to extend the time to file the supplemental reporter's record is GRANTED on the following terms:
Appellant's attorney is ORDERED to notify the Court and Ms. Supnet as soon as possible but no later than 5:00 p.m. on Tuesday, December 10, 2013 whether the supplemental reporter's record is or is not necessary for this appeal. In the event Appellant's counsel determines that the supplemental record is not necessary to the appeal or he fails to notify the Court and Ms. Supnet that the record is necessary to the appeal by December 10, 2013, Appellant's brief is due to be filed no later than January 9, 2014. In the event Appellant's counsel determines that the supplemental reporter's record is necessary to the appeal, it shall be prepared and filed by the court reporter no later than January 9, 2014. Appellant's brief will then be due no later than 30 days from the date the supplemental reporter's record is filed.
IT IS SO ORDERED THIS 26TH DAY OF NOVEMBER, 2013.
PER CURIAM Before McClure, C.J., Rivera and Rodriguez, JJ.