NO. 07-03-0457-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL A JUNE 24, 2004

______________________________ CLAYTON EDW ARD DAVIS, JR., APPELLANT V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE 2 52ND DIST RICT COURT OF JEFFERS ON COUNTY; NO. 89638; HON ORABLE LAYN E WALKER, JUDGE

_______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ. ON ABA TEMENT AND REMAND Ap pellan tClayton E dward Dav is, Jr., i s appealing his judgment of convictio n for murder and sentence of life i mprisonment and a fine. The trial court clerk ’s record was filed on November 24, 2003. The court reporter’srecord ori ginally was due to be filed on January 12, 2004.-2-

Followi ng four requests for extensio ns of time to file the repo rter’s reco rd, each giving the 3500-page l ength of the record and the press of the dut ies of court r eporter as reasons for the extens ion, this Co urt on May 14, 2004 , iss ued an o rder d irect ing J ami Anders on, official court r eporter for the 252 nd Distri ct Court of Jefferson County, to transcribeand file a reporter’s record for this ap peal, trial court n u m b e r 8 9 6 3 8
. We ordered Ms. Anderson to file the record so tha t itwould beactually received by the Clerk of this Court

on or before 5:00 p.m. on June 14, 2004, and stated that no further r equests for extension of time would be considered. A copy of the order was sent to the Honorable Layne Walker, Judge of the 252 nd Distr ict Co urt o f Je ff erso n Cou nty. In response tothe C ourt ’s ord er, we have received, on June 17, 2004, not hing more than a further

request for extension of ti me, filed by M s. Anderson in the same form as her pr evious r equests, ci ting as r easons “time s pent in court a nd having to meet other deadl ines on other recor ds.” The req uest states that “work has begun,” but req uests “ a minimum of 60 days” to complete and fil e the record. The request gives the appearance thatMs. Anderson holds a contemptuous attitude toward this Cour t’s orders , and provi des no indication when, if ever, we can expect her to file the reporter’s reco rd in t his appeal. The trial cour

t and appellat e court are j ointly r esponsible for ens uring that an appellate record is timely filed. Tex. R. App. P. 35.3(c). A trial court musthelp ensure the courtreporter’s work

is tim ely accomplished by setting w

ork prior ities. When the official courtreporter i s unable to perfor m the rep orter’s duties because of the press of official work or other rea sons, the tri al court may designate a deputy

reporter. Tex. R. App. P
. 13.3, 13.5. An appell ate court may e nter any order necess ary to ensu re the timely filing-3-

of the appellaterecord, and must enter appropri ate orders to avoid undue del ay in criminal app eals
. See Tex. R. App. P. 35.3(c), 37.3(a)(2). Accordingly, we now deny Ms. Anderson’s requestfor further ex tension, abate the appeal and remand the cause to the 252nd District Court of Jefferson Cou nty for further proceedings. On remand, the trial court shall imm ediatelycause notice of a h earing to be given to appe llant an d the St ate, an d there afte r conduc t a heari ng to det ermine the fo llowing: 1. The cau ses of

Jami Anderson’ s disrega rd of this Cour t’s May 14, 2004 order dire cting her to complete and file the reporter’s recor d by June 14, 2004; 2. Whether it wil l be necessar y for the t rial court to appoi nt a deputy reporter for the reporter

’s record in this appeal to be completed and filed with in 30 da ys of the date ofthe hea ring. The trial cour

t shall caus e the hearing to be transcribed. The trial court also shall enter any and all orders necessary to assure the timely completion of the reporter’s record in this appeal. So too shall it prepare and file its findings and orders and cause them to be included in a suppl eme ntal clerk’ s record. I n addition, the t rial court shall cause the transcript ion of the hearing to be included in asupplemental re porter’s r ecord. Both the supplemental clerk’s record and supplemental r eporter’s r

ecord shall be submitted to the Clerk of this

Court by

July 23, 2004. It is so or

dered. Per Curiam Do not publish
.