Opinion
No. 04-13-00553-CR
11-13-2013
Gilbert VILLAREAL, Appellant v. The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2009CR5696
Honorable Philip A. Kazen, Jr., Judge Presiding
ORDER
Appellant is represented by retained counsel on appeal. The clerk's record has been filed, however the reporter's record, which was due September 12, 2013, has not been filed. The court reporter's record was due September 12, 2013, but was not filed. On September 12, 2013, the reporter filed a notification of late record stating the record was not filed because appellant has not paid or made arrangements to pay the reporter's fee to prepare the record and that appellant is not entitled to the record without paying the reporter's fee for preparing the record.
Based on the reporter's notification of late record, we ordered appellant to provide written proof to this court on or before September 26, 2013, that either (1) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee, or (2) appellant is entitled to have the reporter's record furnished without charge. See TEX. R. APP. P. 20.2. We advised that if appellant failed to respond within the time provided, his brief would be due October 16, 2013, and the court would only consider those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c).
In response, appellant filed a motion advising that appellant is financially unable to pay the fee for preparing the reporter's record and moving this court to abate the appeal so appellant may establish his indigence in the trial court. We granted this motion and abated this matter, ordering appellant to file an appropriate motion and affidavit of indigence in the trial court. We further ordered the trial court to hold a hearing to determine if appellant was entitled to a free reporter's record and to prepare findings of fact and conclusions of law as to same.
On November 12, 2013, a supplemental clerk's record was filed in this court establishing the trial court held the mandated hearing and determined appellant was indigent and entitled to a free reporter's record. The supplemental clerk's record also contains the trial court's order requiring the court reporter to prepare the reporter's record without charge to appellant and file it in this court.
Based on the foregoing, we ORDER the abatement lifted and the appellate deadlines reinstated. We echo the trial court's order, and ORDER the court reporter to file the reporter's record in this court without charge to appellant on or before December 13, 2013.
We order the clerk of this court to send copies of this order to all counsel and the court reporter.
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of November, 2013.
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Keith E. Hottle
Clerk of Court