Fourth Court of Appeals

San Antonio, Texas

January 9, 2019

No. 04-18-00439-CR

Enrique GARCIA,

Appellant

v.

The STATE of Texas,

Appellee

From the 406th Judicial District Court, Webb County, Texas

Trial Court No. 2017-CRM-001083-D4

Honorable Oscar J. Hale, Jr., Judge Presiding

O R D E R

The reporter’s record in this appeal was original due October 4, 2018. When no record 

was filed, this court issued a Rule 37.3 letter to the reporter, David J. Laurel, advising him the 

record was late and that he should file a notification of late record within ten days of the date of 

our letter or file the record within thirty days of the date of the letter. See TEX. R. APP. P. 37.3. 

Neither a notification or late record nor the reporter’s record was filed. Accordingly, on 

November 27, 2018, we rendered an order requiring the court reporter to file the record in this 

court on or before December 27, 2018. We advised the reporter that if the record was not 

received by that date, we might order him to appear and show cause why he should not be held in 

contempt. Again, no record was filed and the reporter did not contact this court. 

On January 2 and 3, 2019, the clerk’s office of this court tried to reach Mr. Laurel by 

telephone, leaving voicemails instructing him to contact the court. Mr. Laurel did not contact the 

court. On January 4, 2019, the clerk’s office finally spoke to Mr. Laurel about the status of the 

record. Mr. Laurel advised he would filed the record by the end of the day. However, no record 

was filed. On January 7, 2019, the clerk’s office of this court again spoke with Mr. Laurel, who 

stated he was searching for two exhibits, but would filed by record by January 8, 2019. The 

clerk instructed Mr. Laurel that at a minimum he needed to file a notification of letter record 

immediately. In compliance with the clerk’s instruction, Mr. Laurel filed a notification of late 

record on January 7, 2019. In that notification, Mr. Laurel advises that the record is “almost

complete” and that he merely needs to “scan several additional exhibits.” He asks that we give 

him until January 10, 2019 to file the record. 
After review, we GRANT the requested extension and ORDER court reporter David J. 

Laurel to file the reporter’s record in this court on or before January 10, 2019, which is ninetyeight days from the original due date. Mr. Laurel is advised that no further extension of time 

to file the record will be granted without written proof of extraordinary circumstances. 

Mr. Laurel is further advised that if the record is not filed in this court on or before 

January 10, 2019, we may order him to appear and show cause why he should not be held 

in contempt.

We further order the clerk of this court to serve a copy of this order on court reporter 

David J. Laurel by certified mail, return receipt requested and by first class United States mail, as 

well as by email or other methods. Because “[t]he trial and appellate courts are jointly 

responsible for ensuring that the appellate record is timely filed, id. R. 35.3(c), we further order

the clerk of this court to serve a copy of this order on the trial court. 

_________________________________

Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 9th day of January, 2019.

___________________________________

KEITH E. HOTTLE,

Clerk of Court