Opinion
No. 05-19-01022-CR
03-10-2020
MARCEL LAKEIST WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas
Trial Court Cause No. F16-42251-U
ORDER
On February 26, 2020, we ordered court reporter Sasha Brooks not to sit because the reporter's record had not been filed despite our orders to do so. Since then, Ms. Brooks has filed three requests to extend the time. In her most recent request, she notes that her portion of the reporter's record is complete but that she is waiting for court reporter Georgina Ware to complete volume 3 of the reporter's record. See TEX. R. APP. P. 35.3(b) (official court reporter is responsible for preparing, certifying, and timely filing reporter's record); TEX. R. APP. P., appx. C, R. 2(a) (court reporter should prepare only one consolidated record in case). According to Ms. Brooks, Ms. Ware has represented that it will take her "a couple of weeks to file her portion" of the reporter's record.
The notice of appeal in this case was filed on May 24, 2018 but was not transmitted by the district clerk to this Court until August 26, 2019. The appeal, already delayed unnecessarily for fifteen months, is now further delayed and may not proceed until the complete reporter's record is filed. Nevertheless, we VACATE that portion of our February 26, 2020 order that orders Ms. Brooks not to sit.
We ORDER Georgina Ware to file her portion of the reporter's record with Ms. Brooks WITHIN FOURTEEN DAYS of the date of this order. We further ORDER Ms. Brooks to file the complete reporter's record with this Court WITHIN FIFTEEN DAYS of the date of this order. If the complete reporter's record is not filed within fifteen days of the date of the order, we will order without further notice that either or both Sasha Brooks and Georgina Ware not sit until the complete reporter's record is filed.
We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Mitchell, Presiding Judge, 291st Judicial District Court; to the Honorable Jennifer Bennett, Presiding Judge, 265th Judicial District Court; to Sasha Brooks, official court reporter, 291st Judicial District Court; to Georgina Ware, official court reporter, 265th Judicial District Court; to the Dallas County Auditor's Office; and to counsel for all parties.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE