# 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 Coun ty, 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 le tter or file the record within thirty days of the date of the letter. See T EX

. R. A PP

. 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 report er 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 a nd 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 instr uction, 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 Januar y 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 ninety

eight 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 Stat es 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. HOT TLE

, Clerk of Court