Opinion
05-21-00203-CR
08-27-2021
EX PARTE KURNICUS HAYES
On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. WX20-93394-T
ORDER
ERIN A. NOWELL, JUSTICE
Before the Court is appellant's August 17, 2021 second motion to extend the time to file appellant's brief. Appellant contends he needs a second extension of time because he has been unable to obtain a reporter's record from his first trial that ended in a mistrial. Appellant states that the Court ordered the court reporter to file the reporter's record by August 16, 2021.
In its order entered June 21, 2021, the Court observed that appellant had requested from the court reporter a reporter's record of the trial proceedings that ended in a mistrial. The Court ordered that if appellant chose to file such a record and arranged to pay for it, the reporter's record would be due on August 16, 2021. In the event appellant elected not to pursue obtaining the reporter's record, his brief would be due on August 16, 2021.
In his motion, appellant does not indicate that he has arranged payment for the reporter's record. Rather he states he has tried to obtain it. We conclude this appeal should not be further delayed by efforts to obtain a record that was not before the trial court at the time of its ruling on appellant's habeas application. See Ex parte Martinez, 560 S.W.3d 681, 695 (Tex. App.-San Antonio 2018 pet. ref'd); Ex parte Storm, 49 S.W.3d 401, 402 (Tex. App.-Fort Worth 2000, no pet.) (record on habeas review consists of record as it existed before habeas court at time of habeas hearing). We ORDER the case submitted on the record as filed.
We GRANT appellant's motion and extend the time to file appellant's brief until September 15, 2021.