Court of Civil Appeals of Texas, 2013

Noel Galvan Cerna v. State

Noel Galvan Cerna v. State
Court of Civil Appeals of Texas · Decided April 16, 2013

Noel Galvan Cerna v. State

Opinion

Order filed April 16, 2013.

In The Fourteenth Court of Appeals ____________ NO. 14-12-01126-CR ____________ NOEL GALVAN CERNA, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 155th District Court Austin County, Texas Trial Court Cause No. 2009R-0088

ORDER The reporter’s record in this case was originally due January 18, 2013, but it was not filed. See Tex. R. App. P. 35.1. On January 28, 2013, this court ordered the court reporter to file the record within 30 days. On February 15, 2013, Vicki L.

Brown, the court reporter responsible for this record, filed a request for an extension of time to file the record until April 30, 2013. The court granted an extension until March 21, 2013. When the court reporter failed to file the record, on April 2, 2013, this court ordered the court reporter to file the record within 30 days, and instructed the court reporter that if the record was not filed, the court would order the trial court to conduct a hearing to determine the reason for failure to file the record. The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c). It is the trial court’s responsibility to arrange for substitute reporters, if necessary, so that the appellate record may be completed and filed in a timely manner.

On April 10, 2013, the court reporter filed a second request for an extension of time to file the record. Due to the circumstances presented in the motion, including the size of the record, the court GRANTS an extension of time to Vicki L. Brown to file the reporter’s record in this appeal on or before May 15, 2013.

This is a FINAL extension. NO FUTHER EXTENSIONS OF TIME WILL BE GRANTED.

PER CURIAM

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