Opinion
No. 06-16-00109-CR
11-08-2016
BOBBY C. JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 188th District Court Gregg County, Texas
Trial Court No. 40942-A Before Morriss, C.J., Moseley and Burgess, JJ. ORDER
Court reporter Grelyn Freeman recorded the trial proceedings in appellate cause number 06-16-00109-CR, styled Bobby C. Johnson v. The State of Texas, trial court cause number 40942-A, on appeal from the 188th Judicial District Court of Gregg County, Texas. The reporter's record was originally due in this matter on July 22, 2016. That deadline was extended three times by this Court, twice on Freeman's requests, resulting in the most recent due date of October 26, 2016. Notwithstanding the fact that Freeman has already had 150 days from the date the notice of appeal was filed in this appeal from an adjudication proceeding, Freeman has filed a third request seeking another extension of the filing deadline.
The Texas Rules of Appellate Procedure establish that "trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed." TEX. R. APP. P. 35.3(c). The Rules further instruct that an "appellate court may enter any order necessary to ensure the timely filing of the appellate record." Id. In furtherance of our responsibilities established by the Rules, we find we must take steps to ensure that the record in this case is filed in a reasonable amount of time.
Therefore, we order Freeman to file the reporter's record in appellate cause number 06-16-00109-CR, styled Bobby C. Johnson v. The State of Texas, trial court cause number 40942-A, on appeal from the 188th Judicial District Court of Gregg County, Texas, to be received no later than Tuesday, November 15, 2016.
If the reporter's record is not received by November 15, we warn Freeman that we may begin contempt proceedings and order her to show cause why she should not be held in contempt of this Court for failing to obey its order.
IT IS SO ORDERED.
BY THE COURT Date: November 8, 2016