Opinion
04-22-00289-CR
01-18-2024
Chad Wade SPENCE, Appellant v. The STATE of Texas, Appellee
From the 81st Judicial District Court, Wilson County, Texas Trial Court No. CRW2101019 Honorable Russell Wilson, Judge Presiding
ORDER
PER CURIAM
Appellant's brief was due on January 8, 2024 and was not filed. On January 11, 2024, appellant filed a motion requesting a 60-day extension of time to file his brief. In his motion, appellant also requests access to the reporter's record of a December 1, 2023 hearing that occurred in the trial court.
No reporter's record from the December 1, 2023 hearing has been filed in this court, and our records do not indicate that appellant has asked the court reporter to prepare that record. If appellant wishes to present the reporter's record from the December 1, 2023 hearing to this court, we ORDER him to provide written proof to this court by January 29, 2024 that he has requested the court reporter to prepare the reporter's record, which request must designate the portions of the proceedings and the exhibits to be included. See Tex. R. App. P. 34.6(b)(1). The reporter's record must be filed no later than thirty days after the date appellant's written proof is filed with this court. If appellant timely requests the reporter's record, we will set his new briefing deadline when the record is filed.
If appellant fails to timely request the record in writing as required by this order, he must file either his brief or a second motion for extension of time by February 17, 2024, and the court will consider only those issues or points raised in appellant's brief that do not require a reporter's record from the December 1, 2023 hearing for a decision. See Tex. R. App. P. 37.3(c). We caution appellant that his failure to timely request the record of the December 1 hearing will not be grounds for an additional extension of time.
It is so ORDERED