Opinion
No. 04-17-00329-CR
08-28-2017
Brian FAZIO, Appellant v. The STATE of Texas, Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR5284
Honorable Melisa Skinner, Judge Presiding
ORDER
The reporter's record in this case was due June 19, 2017. When reporter Mary Beth Sasala failed to file her portion of the record, this court sent her a notice pursuant to Rule 37.3 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 37.3. The notice advised Ms. Sasala the record was past due and that if the record had not been filed because appellant was required to pay for the record but had not, she should file a notification of late record on or July 3, 2017, stating such fact. The letter further stated that if payment was not an issue, the record was due in this court on or before July 24, 2017. Ms. Sasala did not respond to our notice letter. Thus, her portion of the record was due July 24, 2017.
On July 25, 2017, Ms. Sasala filed a notification of late record asking for an extension of ninety-eight days from the current due date and one hundred and thirty-three days from the original due date, i.e., October 30, 2017,. Ms. Sasala explained she needed additional time because she is "in court/trial nonstop every day and am trying to complete and file" records in three other cases in which the records total fifteen hundred pages. After review, we granted in part and denied in part the request for an extension of time to file the reporter's record. We granted the request for an extension to file the record, but only for thirty days from the July 24, 2017 due date. See TEX. R. APP. P. 35.3(c) (stating each extension of time to file record must not exceed thirty days in ordinary or restricted appeal). Accordingly, we ordered court reporter Mary Beth Sasala to file the record in this court on or before August 23, 2017.
On August 24, 2017, Ms. Sasala filed a second notification of late record, asking for an additional sixteen days to file her portion of the reporter's record, which is eighty-one days from the original due date. After review, we GRANT the request for an extension of time and ORDER court reporter Mary Beth Sasala to file her portion of the record in this court on or before September 8, 2017.
We order the clerk of this court to serve a copy of this order on all parties and court reporter Mary Beth Sasala.
/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, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk