Opinion
No. 04-18-00512-CR
08-28-2018
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR1302-W1
Honorable Catherine Torres-Stahl, Judge Presiding
ORDER
The court reporter's record was originally due August 2, 2018. Our records identified the court reporter to be Monica Crawford. When we did not receive a copy of the record, this court notified Ms. Crawford by letter, advising her that she was the court reporter responsible for timely filing the reporter's record and that the record had not been filed. Our notice required Ms. Crawford to file the record no later than August 19, 2018, unless appellant had failed to pay or make arrangements to pay the fee for preparing the record and is not entitled to appeal without paying the fee, in which case the court reporter was required to file a notice advising the court no later than August 14, 2018 of such fact. On August 13, 2018, Ms. Crawford filed a notification of late record, stating she was not the court reporter responsible for the record in this cause number. Accordingly, we contacted the court coordinator, Laura Castillo, of the 175th District Court to determine whether a reporter's record was taken on the day of the hearing regarding appellant's "Amended Application for Writ of Habeas Corpus Seeking Relief from Final Felony Conviction Under Code of Criminal Procedure, Article 11.072." We were advised that no live hearing was held. Accordingly, it appears that there is no reporter's record regarding this matter, and therefore, the appellant's brief is due.
On August 16, 2018, appellant filed a letter, which included a Pauper's Oath, Affidavit of Steven Robles of Default Jurisdiction/Judgment, and Motion for Extension of Time to File Brief. In his motion for extension of time, appellant requests an extension of thirty (30) days to file his brief. After consideration, we GRANT appellant's request for an extension of time to file his brief and ORDER appellant to file his brief in this court on or before September 27, 2018.
We further order the clerk of this court to serve a copy of this order on the trial court and all counsel.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of August, 2018.
/s/_________
Keith E. Hottle
Clerk of Court