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McGraw v. State

Fourth Court of Appeals San Antonio, Texas
Aug 22, 2017
No. 04-17-00392-CR (Tex. App. Aug. 22, 2017)

Opinion

No. 04-17-00392-CR

08-22-2017

Kenneth MCGRAW, Appellant v. The STATE of Texas, Appellee


From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR4930
Honorable Frank J. Castro, Judge Presiding

ORDER

According to this court's records, three reporters took records in this case — Roxanne Pena, Monica Crawford, and Sachiko Nagao. The reporter's records were originally due July 10, 2017. Both Ms. Pena and Ms. Crawford timely filed their portions of the record, but Ms. Nagao did not. On July 18, 2017, this court notified court reporter Sachiko Nagao by letter that she is one of the court reporters responsible for timely filing the reporter's record, and her portion of the record had not been filed. Our notice required Ms. Nagao to file her portion of the record in this court no later than August 17, 2017, unless appellant had failed to pay or make arrangements to pay the fee for preparing the record and is not entitled to appeal without paying the fee, in which case she was required to file a notice so advising the court no later than July 28, 2017. We received no response to our letter, and Ms. Nagao has not filed her portion of the record.

We ORDER court reporter Sachiko Nagao to file her portion of the record in this court on or before September 21, 2017. Ms. Nagao is advised that if the record is not received by this date, we may order her to appear and show cause why she should not be held in contempt. We further order the clerk of this court to serve this order on Ms. Nagao by certified mail, return receipt requested, and by first class United States mail. 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.

We further order the clerk of this court to serve a copy of this order on all counsel.

/s/_________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of August, 2017.

/s/_________

Luz Estrada

Chief Deputy Clerk


Summaries of

McGraw v. State

Fourth Court of Appeals San Antonio, Texas
Aug 22, 2017
No. 04-17-00392-CR (Tex. App. Aug. 22, 2017)
Case details for

McGraw v. State

Case Details

Full title:Kenneth MCGRAW, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Aug 22, 2017

Citations

No. 04-17-00392-CR (Tex. App. Aug. 22, 2017)