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Serna v. State

Fourth Court of Appeals San Antonio, Texas
Mar 21, 2019
No. 04-18-00623-CR (Tex. App. Mar. 21, 2019)

Opinion

No. 04-18-00623-CR

03-21-2019

Matthew SERNA, Appellant v. The STATE of Texas, Appellee


From the 218th Judicial District Court, Atascosa County, Texas
Trial Court No. 16-05-0186-CRA
Honorable Russell Wilson, Judge Presiding

ORDER

The reporter's record was originally due to be filed in this appeal on October 2, 2018. On January 9, 2019, we ordered court reporter Leticia Escamilla to file the reporter's record no later than February 1, 2019. On February 4, 2019 and February 12, 2019, Ms. Escamilla filed a fifth notification of late reporter's record along with a status report of cases she is working on. Ms. Escamilla indicated she anticipated the reporter's record would be completed by February 18, 2019. Ms. Escamilla did not file the reporter's record by that date.

By order dated February 22, 2019, Ms. Escamilla was ordered to file the reporter's record in this appeal no later than March 1, 2019. Our order stated that if the reporter's record was not filed by that date a show cause order would be issued directing Ms. Escamilla to appear on a day certain and show cause why she should not be held in contempt for failing to file the record.

On March 1, 2019, Ms. Escamilla filed volumes 2 and 8 of the reporter's record, leaving six volumes outstanding. On March 5, 2019, Ms. Escamilla filed a notification of late record stating she learned the appellant is represented by retained counsel on March 3, 2019, after completing the punishment phase of the reporter's record. We note our records show appellant's retained counsel filed a notice of appearance on October 10, 2018, and the certificate of service shows Ms. Escamilla was served with a copy of the notice. In her notification of late record, Ms. Escamilla further stated she contacted retained counsel regarding payment and provided him with a written estimate of the cost for the preparation of the reporter's record.

By order dated March 7, 2019, we ordered appellant to provide written proof by March 18, 2019, that either: (1) the reporter's fee had been paid or arrangements had been made to pay the reporter's fee; or (2) appellant is entitled to appeal without paying the reporter's fee. On March 18, 2019, appellant filed a motion requesting an extension of time to fully respond to this court's order, noting he filed a motion with the trial court requesting the trial court to order the reporter's record to be furnished without charge. See TEX. R. APP. P. 20.2 The motion is GRANTED. This appeal is ABATED to the trial court to rule on appellant's motion. It is ORDERED that the trial court cause a supplemental clerk's record to be filed in this appeal no later than twenty days from the date of this order containing the trial court's written order on appellant's motion requesting the trial court to order the reporter's record to be furnished without charge. See id.

Upon the reinstatement of this appeal , the remaining volumes of the reporter's record will be ordered to be filed in this court no later than five days after the date of this court's order reinstating the appeal. If the remaining volumes of the reporter's record are not filed by that date, a show cause order will be issued directing Ms. Escamilla to appear on a day certain and show cause why she should not be held in contempt for failing to file the record. The clerk of this court is instructed to cause a copy of this order to be served on Ms. Escamilla by certified mail, return receipt requested, with delivery restricted to addressee only, or to give other personal notice of this order with proof of delivery.

/s/_________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of March, 2019.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

Serna v. State

Fourth Court of Appeals San Antonio, Texas
Mar 21, 2019
No. 04-18-00623-CR (Tex. App. Mar. 21, 2019)
Case details for

Serna v. State

Case Details

Full title:Matthew SERNA, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Mar 21, 2019

Citations

No. 04-18-00623-CR (Tex. App. Mar. 21, 2019)