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Ex parte Hutchinson

Fourth Court of Appeals San Antonio, Texas
Jun 21, 2016
No. 04-16-00294-CV (Tex. App. Jun. 21, 2016)

Opinion

No. 04-16-00294-CV

06-21-2016

EX PARTE Carlos HUTCHINSON


From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CI18720
Honorable Laura Salinas, Judge Presiding

ORDER

On November 9, 2015, the Honorable Laura Salinas, presiding judge of the 166th Judicial District Court of Bexar County, Texas signed an order granting the Petition for Expunction of Carlos Hutchinson. On May 9, 2016, the Texas Department of Public Safety filed a notice of restricted appeal. In addition, the Department filed a request for a reporter's record of the hearing that resulted in the November 9, 2015 order. The request was addressed to the court reporter of the 166th Judicial District Court of Bexar County, Texas. Within its request, the Department offered to make payment of the reporter's costs upon receipt of a billing statement. A copy of the Department's request for a reporter's record is contained in the clerk's record that has been filed in this court.

The reporter's record was due June 8, 2016, but was not filed. This court sent a letter to Glyn E. Poage, the official reporter of the 166th Judicial District Court, notifying him the record was past due. See TEX. R. APP. P. 37.3(a)(1). Poage has filed a notification of late record asserting he did not receive a request for the record and appellant has not made arrangements to pay for a record.

Appellant made a proper request for a reporter's record. As the official reporter, Poage is therefore responsible for ascertaining whether a record was taken in this case and, if so, for ensuring the record is timely filed in this court. See TEX. R. APP. P. 35.3(b).

We order Glyn Poage to either (1) file by June 24, 2016, a written certification that no record was taken of the hearing or (2) file by July 14, 2016, a reporter's record of the hearing that resulted in the November 9, 2015 expunction order.

/s/_________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of June, 2016.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Ex parte Hutchinson

Fourth Court of Appeals San Antonio, Texas
Jun 21, 2016
No. 04-16-00294-CV (Tex. App. Jun. 21, 2016)
Case details for

Ex parte Hutchinson

Case Details

Full title:EX PARTE Carlos HUTCHINSON

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 21, 2016

Citations

No. 04-16-00294-CV (Tex. App. Jun. 21, 2016)