Opinion
No. 04-13-00205-CR
2013-09-10
Juan Carlos GOMEZ, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No 2, Webb County, Texas
Trial Court No. 2010 CRB 001162 L2
Honorable Jesus Garza, Judge Presiding
ORDER
On May 30, 2013, the court reporter responsible for preparing the reporter's record for this appeal filed a notification of late record stating that the reporter's record had not been not filed because appellant had failed to: (1) request the record in writing; and (2) pay or make arrangements to pay the reporter's fee for preparing the record and appellant is not entitled to appeal without paying the fee. By order dated June 5, 2013, appellant was ordered to provide written proof that he had requested the reporter's record in writing and had made arrangements to pay the fee for preparing the record or was entitled to appeal without paying the reporter's fee. The order further stated if appellant failed to respond to the order by June 17, 2013, "appellant's brief will be due within thirty (30) days from the date the clerk's record is filed, and the court will consider only those issues or points in appellant's brief that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c)." Appellant failed to respond to the June 5, 2013, order.
In a second order from this court dated July 12, 2013, appellant was reminded that he had not responded to the June 5, 2013 order. The July 12, 2013 order stated, "Appellant also is reminded that he failed to respond to this court's prior order dated June 5, 2013, regarding payment for the reporter's record. Based on the prior order, if the appeal proceeds without further action by appellant regarding the reporter's record, the court will consider only those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c)." Appellant did not file any response relating to the reporter's record.
In a third order from this court dated July 19, 2013, appellant was reminded for a second time that he had failed to respond to the June 5, 2013 order. The July 19, 2013 order stated, "Appellant is again reminded that he failed to respond to this court's prior order dated June 5, 2013, regarding payment for the reporter's record. Based on the prior order, if the appeal proceeds without further action by appellant regarding the reporter's record, the court will consider only those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c)." Appellant did not file any response relating to the reporter's record.
Finally, in a fourth order from this court dated July 23, 2013, appellant was reminded for a third time of the consequences of his failure to respond to the June 5, 2013 order. After informing appellant that his brief was due to be filed on August 19, 2013, the order stated that this court would consider only those issues or points in appellant's brief that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c). Appellant did not file any response relating to the reporter's record.
On August 15, 2013, appellant filed a motion for extension of time to file his brief, relying on the absence of a reporter's record as the basis for the extension. On August 16, 2013, this court issued an order noting that the court had fully notified the appellant of the consequences of not responding to our orders regarding the filing of the reporter's record in four prior orders. This court granted the motion for extension of time in part and ordered appellant to file his brief no later than August 30, 2013. Our order stated, "NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED."
Despite the warnings contained in all of our prior orders and being expressly informed that no further extensions of time would be granted, appellant, through his retained attorney Sergio Lozano, has filed another motion requesting an extension of time to file the brief. The motion relies on the absence of the reporter's record and requests additional time to make payment arrangements for the filing of the reporter's record. As appellant notes in his motion, the trial court denied his motion for a free reporter's record on May 9, 2013. Appellant's attorney has been on notice for three months that the reporter's record was not filed due to lack of payment. Appellant's attorney also has been repeatedly informed that this court will consider only those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c). Appellant's motion is DENIED.
WE ORDER SERGIO LOZANO TO FILE THE APPELLANT'S BRIEF IN THIS APPEAL WITHIN 72 HOURS OF BEING SERVED WITH A COPY OF THIS ORDER. IF MR. LOZANO FAILS TO FILE THE BRIEF IN THE ABOVE APPEAL AS ORDERED, CONTEMPT PROCEEDINGS SHALL BE COMMENCED AGAINST HIM. WE ORDER THE CLERK OF THIS COURT TO HAVE MR. LOZANO PERSONALLY SERVED WITH A COPY OF THIS ORDER. WE ALSO ORDER THE PERSON WHO PERSONALLY SERVES MR. LOZANO TO FILE WITH THIS COURT WRITTEN PROOF OF THE DATE AND TIME THAT MR. LOZANO WAS SERVED WITH A COPY OF THIS ORDER.
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Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of September, 2013.
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Keith E. Hottle
Clerk of Court