Opinion
No. 04-17-00036-CR
05-25-2017
Lars Erik ITZO, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR2163
Honorable Steve Hilbig, Judge Presiding
ORDER
Because it appeared appellant's notice of appeal was not timely filed, this court ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. On May 19, 2017, appellant's counsel, Mr. Donald Edwards, filed a response attached to which was his affidavit and other documents indicating the notice of appeal was deposited in the mail in a properly addressed and stamped wrapper on or before the last day for its filing. Because the notice of appeal was received within ten days after the filing deadline, the notice was timely. See TEX. R. APP. P. 9.2(b)(1). We deem this response adequate to show cause why the appeal should not be dismissed. It is therefore ORDERED that this appeal is retained on the docket of this court.
Ms. Brooke Wagner and Ms. Bettina Williams are the court reporters responsible for preparing, certifying, and filing the reporter's records in this appeal. Their records were originally due on April 17, 2017. Ms. Williams filed a Notification of Late Record stating the reporter's record would not be filed by the due date because appellant had failed to pay or make arrangements to pay the reporter's fee for preparing the record and appellant was not entitled to appeal without paying the fee.
It is therefore ORDERED that appellant provide written proof to this court no later than June 5, 2017 that either (1) Ms. Williams's reporter's fee has been paid or arrangements have been made to pay her reporter's fee; or (2) appellant is entitled to appeal without paying the reporter's fee. If appellant fails to respond within the time provided, this court will not consider those issues or points raised in appellant's brief that require a reporter's record from Ms. Williams for a decision. See TEX. R. APP. P. 37.3(c).
Ms. Wagner also filed a Notification of Late Record stating she has received full payment for the preparation of her record, and requesting an extension of time until June 20, 2017 to file the record. The request is GRANTED and Ms. Wagner is ORDERED to file her record no later than June 20, 2017.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court