Opinion
No. 04-17-00375-CR
11-07-2017
Charles D. TUTTOILMONDO Jr., Appellant v. The STATE of Texas, Appellee
From the 49th Judicial District Court, Zapata County, Texas
Trial Court No. 2246
Honorable Jose A. Lopez, Judge Presiding
ORDER
The reporter's record in this appeal was originally due on June 2, 2017. On July 31, 2017, Blanca Margarita Hill filed five volumes of the reporter's record. On August 3, 2017, Julie Winston filed two volumes of the reporter's record. However, the remainder of the reporter's record has not been filed. We granted Cynthia P. Lenz, the court reporter responsible for filing the remainder of the reporter's record, two extensions. Pursuant to the last extension, the remainder of the reporter's record was due on October 27, 2017.
While we understand that there are competing demands on the court reporter's time, these demands cannot justify such a lengthy delay and potential prejudice to the appellant's rights. If Cynthia P. Lenz is unable to perform all of her duties and complete a record in a timely manner, she 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 CYNTHIA P. LENZ to file the reporter's record in Appeal No. 04-17-00375-CR on or before November 30 , 2017 . NO FURTHER EXTENSIONS WILL BE GRANTED.
If CYNTHIA P. LENZ fails to file the reporter's record in Appeal No. 04-17-00375-CR as ordered, CYNTHIA P. LENZ may be ordered to appear and show cause why she 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 send a copy of this order to the Honorable Jose A. Lopez, 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.").
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of November, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court