Opinion
No. 05-17-01173-CR
12-20-2017
ADAM SCOTT THOMPSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F17-70953-V
ORDER
Before the Court is deputy court reporter Terri Etekochay's December 14, 2017 request for an extension of time to file the reporter's record in this appeal. A review of this appeal shows appellant was found guilty of theft and sentenced to five years' imprisonment on October 5, 2017. That same day, appellant filed a motion for new trial with the trial court. On October 6, 2017, appellant filed a notice of appeal in the trial court.
Rule 35.2 states that the appellate record must be filed in the appellate court (a) if a motion for new trial is not filed, within 60 days after the date the sentence is imposed or suspended in open court or the order appealed from is signed; or (b) if a timely motion for new trial is filed and denied, within 120 days after the date the sentence is imposed or suspended in open court. TEX. R. APP. P. 35.2. Here, appellant filed a timely motion for new trial; thus, the reporter's record is due February 2, 2018.
Therefore, we DENY deputy court reporter Terri Etekochay's request for an extension as premature.
/s/ ADA BROWN
JUSTICE