From Casetext: Smarter Legal Research

Garcia v. State

Court of Appeals Fifth District of Texas at Dallas
Jun 23, 2017
No. 05-16-01415-CR (Tex. App. Jun. 23, 2017)

Opinion

No. 05-16-01415-CR

06-23-2017

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

On March 23, 2017, we ordered appellate counsel Rosalind Kelly to provide written verification that she had contacted court reporter Holly Swinford, requested the reporter's record, and either paid for or made arrangements 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. When Ms. Kelly did not respond or otherwise communicate with the Court, we ordered the appeal submitted without a reporter's record and ordered appellant's brief due on May 26, 2017.

By postcard dated May 30, 2017, we notified Ms. Kelly that the brief was past due and directed her to file appellant's brief and an extension motion within ten days. To date, the brief has not been filed, and we have had no communication from Ms. Kelly.

We therefore ORDER appellate counsel Rosalind Kelly to file appellant's brief no later than July 10, 2017. We expressly caution Ms. Kelly that the failure to do so will result in this appeal being abated for a hearing under rule 38.8 of the rules of appellate procedure. See TEX. R. APP. P. 38.8(b)(2), (3), (4).

We DIRECT the Clerk to send copies of this order to the Honorable Jeffrey Rosenfield, Presiding Judge, County Criminal Court of Appeal No. 2; to Rosalind Kelly; and to the Dallas County District Attorney's Office.

/s/ ADA BROWN

JUSTICE


Summaries of

Garcia v. State

Court of Appeals Fifth District of Texas at Dallas
Jun 23, 2017
No. 05-16-01415-CR (Tex. App. Jun. 23, 2017)
Case details for

Garcia v. State

Case Details

Full title:RUBEN ALEJANDRO GARCIA, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 23, 2017

Citations

No. 05-16-01415-CR (Tex. App. Jun. 23, 2017)