Opinion
12-21-00187-CR
01-25-2022
CODY LEWIS DYE, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 241ST DISTRICT COURT IN AND FOR SMITH COUNTY, TEXAS
ORDER TO CONDUCT HEARING ON REPORTER'S RECORD
Reporter, Beverly Dixon's record in the above-entitled case was originally due to be filed in this Court by November 29, 2021. Tex.R.App.P. 35.2. Extensions of time have been granted to the court reporter through January 18, 2022, with "no further extensions" allowed. Because the record was not filed within the prescribed deadline, pursuant to Tex.R.App.P. 37.3, on January 7, 2022, counsel, the trial judge and the reporter were notified that the record has not been filed within the time allowed, and the reporter was instructed to file the reporter's record on or before January 21, 2022; otherwise, a hearing would be conducted to determine the cause of the reporter's failure to comply. The reporter's record, however, has still not been filed.
Pursuant to Tex.R.App.P. 35.3(c), it is ORDERED that the Honorable Jack Skeen Jr., Judge of the 241st District Court of Smith County, Texas, shall: 1) immediately conduct a hearing to determine why the reporter has not filed the record within the time allotted; 2) take any action necessary to procure prompt filing of the record; 3) make findings of fact and conclusions of law; and 4) transmit a record of the hearing to the Twelfth Court of Appeals.
It is further ORDERED that the reporter's transcription of this hearing and the supplemental clerk's record, including any orders, recommendations and findings, be filed with the clerk of this Court on or before Thursday, February 24, 2022.
WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12th Court of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF OFFICE at my office this 25th day of January 2022, A.D.