Opinion
No. 04-18-00709-CR
01-10-2019
Kayro MORENO, Appellant v. The STATE of Texas, Appellee
From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 2015CRS001128D4
Honorable Oscar J. Hale, Jr., Judge Presiding
ORDER
The reporter's record was originally due to be filed in this appeal on October 29, 2018. On November 1, 2018, this court notified the court reporter responsible for preparing the record, Mr. David Laurel, that the reporter's record was late. Mr. Laurel was directed to file a notification of late record if he had not received payment or to file the reporter's record no later than December 3, 2018. Mr. Laurel did not respond to this court's notice, and the reporter's record was not filed by the extended deadline.
By order dated December 10, 2018, Mr. Laurel was ordered to file the reporter's record in this court no later than January 2, 2019. The order stated that if Mr. Laurel failed to file the record by the stated deadline, an order could be issued directing him to appear and show cause why he should not be held in contempt for failing to file the record.
On January 7, 2019, the clerk of the court contacted Mr. Laurel regarding the status of the record. In response, Mr. Laurel filed a notification of late record stating his "work load has been overwhelming." Mr. Laurel refers to the reporter's record he filed in appeal number 04-18-00103-CV on December 28, 2018, which consisted of twenty-nine volumes. We note the reporter's record was filed late in that appeal after several extensions. Mr. Laurel also refers to additional pending records he is preparing in appeal numbers 04-18-00439-CR and 04-18-00436-CR. We note the records are also late in those appeals. Mr. Laurel requests an extension of time to file the record in this appeal to February 11, 2019, for a total extension of over one hundred days. The request is GRANTED. NO FURTHER REQUESTS FOR EXTENSIONS WILL BE GRANTED. IF THE REPORTER'S RECORD IS NOT FILED IN THIS APPEAL BY FEBRUARY 11 , 2019, A SHOW CAUSE ORDER WILL BE ISSUED DIRECTING MR. LAUREL TO APPEAR IN THIS COURT AND SHOW CAUSE WHY HE SHOULD NOT BE HELD IN CONTEMPT FOR FAILING TO FILE THE RECORD .
The clerk of this court shall cause a copy of this order to be served on Mr. Laurel by certified mail, return receipt requested, or give other personal notice of this order with proof of delivery. 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), the clerk of the court is directed to serve a copy of this order on the Honorable Oscar H. Hale, Jr., Judge of the 406th Judicial District Court. Because Mr. Laurel states his workload has prevented him from timely filing the reporter's records in several appeals , this court encourages Judge Hale to consider the use of a substitute court reporter to ensure Mr. Laurel is able to meet his appellate deadlines.
/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 10th day of January, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court