Opinion
No. 04-16-00581-CR
10-18-2016
Javier Parra-PEREA, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 14, Bexar County, Texas
Trial Court No. 501025
Honorable Raymond Angelini, Judge Presiding
ORDER
The court reporter's record was due October 10, 2016, but was not filed; however, on October 11, 2016, the reporter filed a notification of late record. The marks on the notification were so light, the clerk's office believed the reporter was simply asking for an extension of time of thirty days to file the record, and therefore, the court issued an order on October 12, 2016, granting the request, making the record due November 11, 2016. Upon further review, the court noted that in fact in the October 11, 2016 notification, the reporter had actually claimed the record was not filed because appellant has not paid or made arrangements to pay the reporter's fee to prepare the record and that appellant is not entitled to the record without paying the reporter's fee for preparing the record. After receiving our October 12, 2016 order granting an extension of thirty days, the court reporter filed a second notification of later record clarifying that she had not filed the record because appellant has not paid or made arrangements to pay the reporter's fee to prepare the record and that appellant is not entitled to the record without paying the reporter's fee for preparing the record.
Accordingly, based on the foregoing, we ORDER the October 12, 2016 order WITHDRAWN and now ORDER appellant to provide written proof to this court on or before October 28, 2016 that either: (1) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (2) appellant is entitled to have the reporter's record furnished without charge. See TEX. R. APP. P. 20.2. If appellant fails to respond within the time provided, appellant's brief will be due November 17, 2016, and the court will only consider those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c).
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of October, 2016.
/s/_________
Keith E. Hottle
Clerk of Court