Opinion
No. 04-12-00602-CR
06-13-2013
Michael Jason TUCKER, Appellant v. THE STATE OF TEXAS, Appellee
From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 12-03-0067-CRA
Honorable Stella Saxon, Judge Presiding
ORDER
On March 5, 2013, we ordered Steve Turner, the court reporter responsible for filing the reporter's record, to file the reporter's record on or before April 19, 2013. We warned that no extensions would be granted. Despite our order, Steve Turner did not file the record. On May 3, 2013, we again ordered Turner to file the record. The same day our order issued, Turner filed a notification of late reporter's record stating that the record had not been filed because of "death" and "depression." Over a month later, Turner has still not filed the complete reporter's record. While we understand that there are competing demands on the court reporter's time and that Turner might be experiencing personal issues, we cannot allow appellant's rights to be prejudiced by a lengthy delay. If Turner is unable to perform all of his duties and complete a record in a timely manner, he must take whatever steps are necessary, including requesting a substitute reporter or hiring competent assistance, to file the record by the date ordered.
We ORDER Steve Turner to file the reporter's record in Appeal No. 04-12-00602-CR within thirty days of being served a copy of this order. NO EXTENSIONS WILL BE GRANTED. If Steve Turner fails to file the reporter's record in Appeal No. 04-12-00602-CR as ordered, Steven Turner will be ordered to appear and show cause why he should not be held in civil or criminal contempt or otherwise sanctioned. See TEX. R. APP. P. 38.8(b)(4).
We further ORDER the Clerk of this Court to have Steve Turner personally served with a copy of this order. We also ORDER the person who personally serves Steve Turner to file with this Court written proof of the date and time that Steve Turner was served with a copy of this order.
We further ORDER the clerk of this court to send a copy of this order to the Honorable Stella Saxon, judge of the 81st Judicial District Court, Atascosa County, Texas, by first class United States mail. See TEX. R. APP. P. 35.3(c) ("The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed.").
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Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of June, 2013.
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Keith E. Hottle
Clerk of Court