Opinion
04-24-00414-CR
11-05-2024
Deshawn Dawayne GRIFFIN, Appellant v. The STATE of Texas, Appellee
From the 63rd Judicial District Court, Kinney County, Texas Trial Court No. 4565CR Honorable Eugenia "Genie" Wright, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
The reporter's record was due July 24, 2024 but was not filed. In an October 3, 2024 letter from the Clerk's Office, this court notified court reporter David Zarate that he is the court reporter responsible for timely filing the reporter's record, and the record had not been filed. Our letter directed Zarate to file the record no later than November 4, 2024, unless appellant had failed to pay or make arrangements to pay the fee for preparing the record and is not entitled to the record without paying the fee, in which case Zarate was required to file a notice so advising the court no later than October 15, 2024
Zarate did not comply with the court's directive by filing either a notification of late record by October 15, 2024, or by filing the record by November 4, 2024. Instead, on November 1, 2024, Zarate filed a notification of late record stating appellant paid for the record "late" and he has "been working on other records."
We order Zarate to file the record by November 15, 2024. Zarate is advised that the court will not grant a further extension of time unless he: (1) establishes there are extraordinary circumstances that prevent him/her from timely filing the record, (2) advises the court of what efforts have been expended to prepare the record and the status of completion, and (3) provides the court reasonable assurance the record will be completed and filed by the requested extended deadline.
Because "[t]he trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed," Tex .R. App. P. 35.3(c), we also order the clerk of this court to serve a copy of this order on the trial court.