Opinion
No. 04-16-00581-CR
11-23-2016
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 stating she had not filed the record because appellant had not paid or made arrangements to pay the reporter's fee to prepare the record and that appellant was not entitled to the record without paying the reporter's fee for preparing the record. Therefore, on October 18, 2016, we ordered appellant, on or before October 28, 2016, to provide written proof to this court that either the fee had been paid or he is entitled to a reporter's record without charge. In that same order, we advised that if appellant failed to provide written proof of payment or indigence, his brief would be due in this court November 17, 2016, and we would consider only those issues or points raised in the brief that did not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c). Appellant filed neither the written proof nor has he filed appellant's brief or an extension of time to file same.
Accordingly, we ORDER appellant to file his brief in this court on or before December 23, 2016. Appellant is again advised that due to the absence of a reporter's record, this court will consider only those issues or points raised in the brief that do not require a reporter's record for a decision. See id. Counsel is advised that if neither the brief nor a motion to extend time to file the brief is filed on or before the date ordered, the court will abate this appeal and remand the case to the trial court for a hearing to determine whether appellant or his counsel has abandoned the appeal.
We order the clerk of this court to serve this order on appellant's counsel by first class United States mail and by certified mail, return receipt requested, with delivery restricted to addressee only, or give other personal notice of this order with proof of delivery. We further order the clerk to serve a copy of this order on the trial court, the court reporter, and counsel for the State.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of November, 2016.
/s/_________
Keith E. Hottle
Clerk of Court