Opinion
NUMBER 13-16-00403-CR
06-02-2017
On appeal from the County Court at Law No. 2 of Bell County, Texas.
ORDER
Before Justices Contreras, Benavides, and Longoria
Order Per Curiam
Appellant, Jeremy Thad Northcutt, appeals a conviction for assault. The court reporter, Terry Johnston, filed exhibit volume 9 with this Court on October 7, 2016. Upon receiving the exhibit volume, the reporter was notified that the exhibit volume was not in compliance with the Texas Rules of Appellate Procedure. On October 24, 2016, the Clerk of the Court notified the reporter, Terry Johnston, that the exhibit volume was marked received and directed the reporter to file an amended exhibit volume.
This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2015 R.S.).
Appendix C of the Texas Rules of Appellate Procedure Rule 2(e) requires that in exhibit volumes, the court reporter must create bookmarks to mark the first page of each exhibit document. Rule 2(f) provides that in the event of a material violation of this rule in the preparation of a reporter's record, on motion of a party or on the court's own initiative, the appellate court may require the court reporter to amend the reporter's record or to prepare a new reporter's record in proper form.
On January 4, 2017, this Court ordered the reporter to file exhibit volume 9 with bookmarks, as required by Appendix C of the Texas Rules of Appellate Procedure Rule 2(e), on or before January 13, 2017. On January 17, 2017, the reporter filed exhibit volume 9 without bookmarks. More than six months has lapsed since the reporter was initially notified that the exhibit volume was not bookmarked and he has failed to file an exhibit volume in compliance with Rule 2(e).
The reporter is hereby ORDERED to prepare a new exhibit vol. 9 in proper form, with bookmarks, on or before June 12, 2017. If the reporter fails to file the record within the foregoing specified period of time, the Court will order Terry Johnston to appear in person to show cause why he should not be held in contempt of court.
PER CURIAM Delivered and filed the 2nd day of June, 2017.