Opinion
No. 10-09-00260-CR
Order issued and filed May 19, 2010.
Appealed from the 85th District Court, Brazos County, Texas, Trial Court No. 08-01833-CRF-85.
Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.
ORDER
The reporter's record in this appeal was originally due on August 3, 2009. TEX. R. APP. P. 35.2(a). Two reporters were responsible for the preparation of this record. The first reporter received an extension of time to September 30, 2009 to file the record. On that date, the Court received a notice from the first reporter explaining that she could not file the reporter's record because the second reporter had not completed her portion of the reporter's record. Both reporters received an extension to November 5, 2009 to file the record. No reporter's record was filed. On January 5, 2010, the Court received a request for extension of time from the second reporter, Helen Wooten. The request was granted, and the date to file the reporter's record was extended until February 11, 2010. Meanwhile, on January 22, 2010, the portion of the reporter's record from the first reporter was received.
The portion of the reporter's record from Helen Wooten was not filed by February 11. On March 24, 2010, the Clerk of this Court notified Wooten that her portion of the reporter's record had not been filed and that she had previously indicated it would be filed by February 11, 2010. Wooten was given 10 days to contact the Court. On April 5, 2010, Wooten requested another extension of time to file her portion of the reporter's record. The request was granted and the date to file her portion of the reporter's record was extended to May 3, 2010. Wooten was warned that if the record was not filed by May 3, 2010, the matter would be referred to the Court. Wooten's portion of the reporter's record has not been filed.
It is the joint responsibility of this Court and the trial court to ensure that the appellate record is timely filed. TEX. R. APP. P. 35.3(c). Further, this Court may enter any order necessary to ensure the timely filing of the appellate record. Id. Accordingly, Helen Wooten's portion of the reporter's record is ORDERED to be filed no later than 7 days from the date of this order.
Failure to file the reporter's record as herein ordered will result in an abatement order for the trial court, the Honorable J.D. Langley of the 85th District Court, to determine, working with the deputy reporter, Helen Wooten, a date certain by which the supplemental reporter's record will be filed.