Opinion
No. 05-16-01415-CR
04-27-2017
RUBEN ALEJANDRO GARCIA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court of Appeals No. 2 Dallas County, Texas
Trial Court Cause No. MB14-63674-M
ORDER
The reporter's record was due January 10, 2017. When we notified court reporter Holly Swinford that the record was overdue, Ms. Swinford notified the Court that appellant had not paid or made arrangements to pay for the record and that appellate counsel Rosalind Kelly had not responded to Ms. Swinford's inquiries. In light of this, we abated the appeal for the trial court to hold a hearing.
After the trial court held a hearing, we reinstated the appeal and adopted the trial court's findings that (1) appellant wants to pursue the appeal, (2) appellant's parents are making arrangements to pay for the record, and (3) Ms. Kelly had not yet contacted the court reporter but intended to so during the week of March 13, 2017. We then ordered Ms. Kelly to provide written verification by April 7, 2017 that she had contacted court reporter Holly Swinford, had requested the reporter's record, and that the reporter's record had been paid for or arrangements had been made to pay for the reporter's record. We cautioned Ms. Kelly that the failure to do so would result in the appeal being submitted without a reporter's record. TEX. R. APP. P. 37.3(c). To date, Ms. Kelly has not provided the written verification nor has she communicated with this Court.
We therefore ORDER this appeal submitted without a reporter's record. See TEX. R. APP. P. 37.3(c). We ORDER appellant's brief due on or before May 26, 2017.
We DIRECT the Clerk to send copies of this order to the Honorable Jeffrey Rosenfield, Presiding Judge, County Criminal Court of Appeal No. 2; Holly Swinford, court reporter; and to counsel for all parties.
/s/ ADA BROWN
JUSTICE