Opinion
No. 06-15-00187-CR
02-02-2016
ALEJANDRO GARCIA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 124th District Court Gregg County, Texas
Trial Court No. 43527-B Before Morriss, C.J., Moseley and Burgess, JJ. ORDER
Court reporter Tina A. Campbell is the official court reporter for the 124th Judicial District Court of Gregg County and reported a portion of the trial proceedings in appellate cause number 06-15-00187-CR, styled Alejandro Garcia v. The State of Texas, trial court cause number 43,527-B, on appeal from the 124th Judicial District Court. The reporter's record was originally due in this matter on November 23, 2015. That deadline was extended twice on Campbell's requests, resulting in the most recent due date of January 22, 2016. Campbell has now filed a third request seeking an additional thirty-day extension of the filing deadline. In her most recent request, Campbell reveals that she did not realize until on or around January 11, 2016, that she did not report the punishment stage of Garcia's trial and that she failed to notify the substitute reporter until January 11 that the punishment trial needed to be transcribed.
The Texas Rules of Appellate Procedure establish that "trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed." TEX. R. APP. P. 35.3(c). The Rules further instruct that an "appellate court may enter any order necessary to ensure the timely filing of the appellate record." Id. In furtherance of our responsibilities established by the Rules, we find we must take steps to ensure that the record in this case is filed in a reasonable amount of time.
Therefore, we overrule Campbell's third request for an extension of the filing deadline and order her to file the reporter's record in appellate cause number 06-15-00187-CR, styled Alejandro Garcia v. The State of Texas, trial court cause number 43,527-B, on appeal from the 124th Judicial District Court of Gregg County, Texas, to be received by this Court no later than the close of business on Monday, February 22, 2016.
If the reporter's record is not received by February 22, we warn Campbell that we may begin contempt proceedings and order her to demonstrate why she should not be held in contempt of this Court for failing to obey its order.
IT IS SO ORDERED.
BY THE COURT Date: February 2, 2016