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Ramos v. State

Fourth Court of Appeals San Antonio, Texas
Nov 9, 2017
No. 04-17-00446-CR (Tex. App. Nov. 9, 2017)

Opinion

No. 04-17-00446-CR

11-09-2017

Isidro RAMOS, Appellant v. The STATE of Texas, Appellee


From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR9685
Honorable Lorina I. Rummel, Judge Presiding

ORDER

The reporter's record was originally due September 5, 2017; however, the court has granted the reporter, Kay Gittinger, extensions of time until November 4, 2017 to file the record. Our last order advised that no further extensions of time would be granted absent a showing of extraordinary circumstances that prevented the timely filing of the record.

The record has not been filed. Gittinger advised the court by telephone and in a notification of late record of the reasons for her failure to file the record, and she has requested a further extension of time of two weeks.

We grant the motion and order Kay Gittinger to file the reporter's record by November 20, 2017 (seventy-six days after the original due date). No further extensions will be granted absent extraordinary circumstances, which must be shown. The reporter is advised that the court considers sixty days beyond the original due date to be the maximum reasonable extension of time under ordinary circumstances. Although we understand there are competing demands on the court reporter's time, these demands do not constitute extraordinary circumstances and cannot justify lengthy delays in filing the record and potential prejudice to appellant's rights. If the reporter is unable to perform all her duties and complete the record in a timely manner, she must take whatever steps are necessary, including requesting a substitute reporter or hiring competent assistance, to file the record by the date ordered. If the record is not filed by the date ordered, we may order the reporter to appear and show cause why she should not be held in contempt.

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), we also order the clerk of this court to serve a copy of this order on the trial court.

/s/_________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of November, 2017.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Ramos v. State

Fourth Court of Appeals San Antonio, Texas
Nov 9, 2017
No. 04-17-00446-CR (Tex. App. Nov. 9, 2017)
Case details for

Ramos v. State

Case Details

Full title:Isidro RAMOS, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 9, 2017

Citations

No. 04-17-00446-CR (Tex. App. Nov. 9, 2017)