Fourth Court of Appeals

San Antonio, Texas

September 18, 2018

No. 04-18-00284-CR

Josie L. ALANIZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2010CR1192

Honorable Catherine Torres-Stahl, Judge Presiding

O R D E R

According to this court’s records, two reporters took the record in this case — Mr. 

Charles R. Richardson and Ms. Heather Collins. The reporter’s record was originally due May 

25, 2018. When we did not receive a copy of the record, this court notified both Mr. Richardson 

and Ms. Collins by letter dated June 4, 2018 that they were the court reporters responsible for 

timely filing the reporter’s record and that the record had not been filed. Our notices required 

Mr. Richardson and Ms. Collins to file the record no later than July 5, 2018 unless appellant had 

failed to pay or make arrangements to pay the fee for preparing the record and was not entitled to 

appeal without paying the fee, in which case, the court reporters were required to file a notice 

advising us no later than June 13, 2018 of such fact. Thereafter, Ms. Collins timely filed her 

portion of the record on June 5, 2018. 

Thereafter, we waited for Mr. Richardson to file the portion of the record for which he 

was responsible by July 5, 2018. However, he did not file either his portion of the record for 

which he was responsible, nor did he file any other response to our notice. On July 24, 2018, we 

ordered Mr. Richardson to file the portion of the record for which he was responsible on or 

before August 23, 2018. Again, Mr. Richardson did not file his portion of the record. Our 

clerk’s office contacted Mr. Richardson by phone to determine the status of the record. Mr. 

Richardson informed our clerk’s office that he is the court reporter responsible for the record and 

he has been unable to file a notification of late record because he no longer has the equipment to 

file a notice because he is retired. Mr. Richardson also informed our office that the record is not 

complete, and he needs more time to complete it. 
After considering the forgoing, we ORDER court reporter Charles R. Richardson to file 

his portion of the record in this court on or before October 18, 2018. Mr. Richardson is advised 

that if the record is not received by this date, 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 this order on 

Mr. Richardson by certified mail, return receipt requested, and by first class United States mail. 

Because “[t]he trial and appellate courts are jointly responsible for ensuring that the appellate 

record is timely filed,” TEX. R. APP. P. 35.3(c), we also ORDER the clerk of this court to serve a 

copy of this order on the trial court.

We further order the clerk of this court to serve a copy of this order on all counsel.

_________________________________

Marialyn Barnard, Justice

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

court on this 18th day of September, 2018.

___________________________________

Keith E. Hottle

Clerk of Court