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