The State of TexasAppellee

Fourth Court of Appeals

San Antonio, Texas

Tuesday, May 12, 2015

No. 04-14-00761-CR

David CHARLES,

Appellant

v.

The STATE of Texas,

Appellee

From the 437th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR5564

Honorable Lori I. Valenzuela, Judge Presiding

ORDER

Appellant is represented on appeal by retained counsel Nancy Barohn and Megan Cook. The 

notice of appeal in this case was filed October 30, 2014, and appellant’s brief was originally due to 

be filed on January 29, 2015. 

On January 29, 2015, this Court granted a motion filed by Barohn and Cook requesting a 30-

day extension of time to file appellant’s brief, thereby extending the deadline to file appellant’s brief 

to March 2, 2015. On February 25, 2015, Barohn and Cook filed a second motion requesting an

additional 30-day extension of time. By order dated February 27, 2014, this Court granted the 

motion in part, extending the deadline to March 16, 2015. This Court’s order stated, “FURTHER 

REQUESTS FOR EXTENSIONS OF TIME ARE DISFAVORED.”

On March 11, 2015, Barohn and Cook filed a third motion for extension of time, requesting 

an extension of time to file appellant’s brief to Friday, April 3, 2015. By order dated March 13, 

2015, this Court granted the motion, extending the deadline to April 3, 2015. This Court’s order 

stated, “NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED.”

On March 31, 2015, Barohn and Cook filed a motion entitled, “Motion for Leave to 

Supplement the Record on Appeal; Motion for Relief from ‘No Further Extension’ Order; and 

Motion for Extension of Time to File Mr. David Charles’s Opening Brief.” In this motion, Barohn

and Cook requested an extension of time to 30 days after the appellate record was supplemented. In 

requesting the extension, Barohn and Cook relied upon an inadvertent failure to ensure certain 

documents were included in the appellate record. In a subsequent advisory to the court, Barohn
explained the need for a supplemental clerk’s record containing designated documents from 

appellant’s 2009 causes. Barohn also referred to the open-ended possibility of the need to 

supplement the appellate record with additional reporter’s records from hearings held in 

appellant’s 2009 cases. Finally, Barohn stated she was serving as co-counsel on the appeal based 

on Cook’s lack of appellate experience and claimed responsibility for the failure to request the 

supplemental records at an earlier time.

Although Barohn admitted she could have sought supplementation much earlier, this 

Court ordered that the requested supplemental clerk’s record be filed no later than April 29, 

2015. Based upon Barohn’s ambiguous statements regarding the open-ended possibility of the 

necessity for supplemental reporter’s records, this Court ordered Barohn and Cook to file a 

written notice in this court on or before April 29, 2015, listing all additional reporter’s records of 

hearings that would be requested in this appeal and providing copies of the letters sent to the 

court reporters responsible for preparing those records.

Although the supplemental clerk’s records were filed by April 28, 2015, as of the date of 

this order, Barohn and Cook have failed to file the written notice they were ordered to file in this 

court by April 29, 2015. In the absence of written notice that any additional reporter’s record 

will be requested, this Court deems the appellate record in this 7-month old appeal complete.

It is therefore ORDERED that Nancy Barohn and Megan Cook file appellant’s brief in 

this appeal no later than thirty days from the date of this order. GIVEN THE PROCEDURAL 

HISTORY OF THIS APPEAL AND THE PREVIOUSLY GRANTED EXTENSIONS, NO

FURTHER EXTENSIONS OF TIME TO FILE THE APPELLANT’S BRIEF WILL BE 

GRANTED. If Nancy Barohn or Megan Cook fail to file appellant’s brief in this appeal by the 

deadline stated in this order, they will be ordered to appear and show cause why they should not 

be held in contempt of court or otherwise sanctioned. The clerk of this court shall cause a copy 

of this order to be served on Nancy Barohn and Megan Cook by certified mail, return receipt 

requested, with delivery restricted to addressee only, or give other personal notice of this order 

with proof of delivery.

_________________________________

Jason Pulliam, Justice

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

court on this 12th day of May, 2015.

___________________________________

Keith E. Hottle

Clerk of Court