Opinion
04-23-00784-CR
11-29-2023
Frank Cardona GONZALES, Appellant v. The STATE of Texas, Appellee
From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 22-2573-CR-C Honorable Daniel H. Mills, Judge Presiding
ORDER
Beth Watkins, Justice
On October 27, 2023, the district clerk filed a supplemental clerk's record containing appellant's request for the preparation of a supplemental reporter's record. In that filing, appellant requested the record of a pretrial hearing that "occurred on February 15, 2023 or February 21, 2023 before" a visiting judge, whom appellant identified as the Honorable Gary Steel. Appellant's request identified the court reporter responsible for the supplemental record as Rick Roberts, and the certificate of service asked that the request be forwarded to Mr. Roberts.
On October 27, 2023, court reporter Diana Vargas filed a supplemental reporter's record of a February 21, 2023 pretrial hearing that occurred before a visiting judge, the Honorable Bruce Boyer. The clerk's record contains a February 21, 2023 order signed by Judge Boyer. The clerk's record does not contain any orders signed by Judge Steel or any orders signed on or about February 15, 2023.
On October 30, 2023, in response to an inquiry from this court, Mr. Roberts indicated that he believed Ms. Vargas had filed the supplemental reporter's record appellant requested. The same day, this court contacted Ms. Vargas by email to determine whether she was the court reporter responsible for the supplemental record. On November 20, 2023, this court again contacted Ms. Vargas by email and asked her to confirm in writing whether she was the court reporter responsible for the supplemental record and, if so, whether she had already filed the record. As of the date of this order, Ms. Vargas has not responded to this court's emails. Additionally, appellant has not filed his brief or otherwise indicated that he believes the appellate record is complete.
In light of the foregoing, we ORDER appellant to review the appellate record and determine whether it is complete. If appellant determines the record is complete, we ORDER him to notify this court in writing by December 29, 2023, and his brief will be due within 30 days of the date he so notifies this court. If appellant determines the record is not complete, we ORDER him to, by December 29, 2023: (1) serve a written request that complies with Texas Rule of Appellate Procedure 34.6 on the court reporter responsible for preparing any missing portions of the record; and (2) file a copy of that request with this court.