Opinion
Appellate case number: 01-15-00810-CR
05-27-2016
Jacob Rhodes v. The State of Texas
MEMORANDUM ORDER Trial court case number: 1979692 Trial court: County Criminal Court at Law No. 4 of Harris County
The appellate record was first due in the above-referenced appeal on November 2, 2015. The clerk's record has been filed. The reporter's record in this case was taken by reporters, Amanda Fazio and Leah M. Leal.
Leal requested an extension until December 1, 2015, stating that appellant had made arrangements to pay for the record. Fazio advised us that appellant had not made arrangements to pay for the record. After appellant failed to response to our notice about his failure to pay for the reporter's record, we issued an order that we would consider the appeal without the reporter's record. On February 22, 2016, appellant requested an extension of time to file the record until April 4, 2016, stating he had paid both Leal and Fazio on February 22, 2016. We granted this extension until March 28, 2016. Fazio filed her portion of the reporter's record on April 27, 2016. Leal filed a request for extension on April 20, 2016, asking for an extension until May 27, 2016, claiming she was "swamped in other transcripts" and that her mother had been in a bad car accident, putting her further behind. We granted this extension. On May 26, 2016, Leal filed another extension request, asking for an extension until June 24, 2016.
Leal was responsible for timely filing the reporter's record after she was paid and the appellant had requested its preparation. TEX. R. APP. P. 35.3(b). Despite being paid on February 22, 2016, over three months ago, Leal has failed to file a reporter's record she estimates to be only about 280 pages in length.
We deny Leal's extension request and ORDER court reporter, Leah M. Leal, to file the reporter's record in this Court no later than June 6, 2016. No motions for extension of time will be entertained absent truly extraordinary circumstances. If Leah M. Leal does not timely file the record, as ordered, we will issue an order directing the trial court to conduct a hearing to determine the reason for Leal's failure to perform her duties and whether a deputy reporter should be appointed to prepare this reporter's record. See TEX. R. APP. P. 13.5.
It is so ORDERED. Judge's signature: /s/ Harvey Brown
[v] Acting individually [ ] Acting for the Court Date: May 27, 2016