# Fourth Court of Appeals

San Antonio, Texas

November 19, 2018

No. 04

- 18

- 00414

- CR

John Bryan FINCH

, Appellant

v.

The STATE of Texas, Appellee

From the 81st Judicial District Court, Atascosa County, Texas

Trial Court No. 16

- 07

- 0222

- CRA Honorable Stella Saxon, Judge Presiding



### O R D E R

Sitting: Karen Angelini, Justice

Marialyn Barnard, Justice Rebeca C. Martinez, Justice

The reporter ’ s record was originally due on August 6, 2018. On August 9, 2018 , the clerk of this court notified the court reporter, Staci Slayden , that she is the court reporter responsible for timely filing the reporter ’ s record in this appeal and that the reporter ’ s record wa s late. The clerk explained that if the reporter ’ s record had not been fil ed because (1) the appellant had failed to pay or make arran gements to pay the reporter ’ s fee and (2) the appellant wa s not entitled to appeal without pa ying the fee, Slayden must file a notification of late record stating

such fact on or before August 2 0, 2018. Other wise, the clerk informed Slayden that she must f ile the reporter ’ s record on or before September 10, 2018. Slayden did not respond to the clerk’s

letter.

On September 26, 2018, we ordered Slayden to file the reporter ’ s record no later than October 26, 2018. We explained that if Slayden did not file th e reporter’s record by such date, an

o rder may be issued directing Staci Slayden to appear and show cause why she should not be held in contempt for failing to file the record. Slayden did not timely respond. Thus, the Clerk of

this Court called Slayden to request the status of the record. Slayden did not return the Clerk’s calls, but instead has filed a notification of late reporter’s record. In her notification, Slaydenstates that she has numerous outstanding records and has had “multiple equipment

malfu nctions.” Slay d en claims that the reporter’s record will be filed by December 14, 2018.

While we understand that there are competing demands on a court reporter’s time, these demands cannot justify such a lengthy delay and potential prejudice to appellant ’s rights. If Staci Slayden is unable to perform all her duties and complete a record in a timely manner, she must take whatever steps are necessary , including requesting a substitute reporter or hiring competent assistance, to file t he record by the date ordered.

We ORDER Staci Slayden to file the reporter ’ s record in Appeal No. 04

- 18

- 00414

- CR on or before December 14, 2018 . NO EXTENSIONS WILL BE GRANTED. If Staci Slayden fails to file the reporter ’ s record in Appeal No. 04

- 18

- 00414

- CR as ordered, Staci Slayden will be ordered to appear and show cause why she should not be held in civil or criminal contempt or otherwise sanctioned.

We ORDER the Clerk of this C ourt to serve a copy of this order on Staci Slayden by email, first

- class United States mail, and certified mail, return receipt requested. We further

ORDER the Clerk of this C ourt to send a copy of this order to the Honorable Stella Saxon, by

first class United States mail. See T EX

. R. A PP

. P. 35.3(c) (“The trial an d appellate courts are jointly responsible for ensuring that the appellate record is timely filed.”).

_________________________________ Karen Angelini, Justice

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

court on this 19th day of November, 2018

.

___________________________________ K eith E. H ottle

Clerk of Court