Albert Cardona v. State

• Court: Court of Appeals of Texas
• Decided: June 17, 2003
• Docket: 07-03-00096-CR
• Status: Published

Opinion

NO. 07-03-0096-CR IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

JUNE 17, 2003 ______________________________

ALBERT V. CARDONA,

Appellant

v.

THE STATE OF TEXAS,

Appellee _________________________________

FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2000-433643; HON. JIM BOB DARNELL, PRESIDING _______________________________

ORDER DIRECTING FILING OF REPORTER'S RECORD __________________________________

Before QUINN and REAVIS, JJ., and BOYD, S.J. ⁽¹⁾

Appellant Albert V. Cardona appeals his conviction for manufacture of a controlled substance, methamphetamine of four grams or more but less than 200 grams. Notice of appeal was timely filed in the trial court on February 21, 2003. The clerk's record was filed on March 19, 2003. The reporter's record was due to be filed on March 19, 2003. It was not received, however. On March 19, 2003, this Court sent a letter extending the time to file the reporter's record to April 18, 2003. On April 21, 2003, Terri Ramsey, the official court reporter, filed a request for extension of time to file the reporter's record, stating that "appellant has made required payment and has filed a written designation, but due to my case load, I have been unable to complete the record." This Court granted the request and extended the time to complete and file a reporter's record to May 19, 2003. On May 19, 2003, Terri Ramsey filed a second request, stating the same reason for an extension as the first. This Court granted the second request to June 19, 2003, with the admonition that no further extensions would be granted. On June 16, 2003, Terri Ramsey filed a third request for extension, which effectively would be a fourth extension. In it, she asks permission to file the reporter's record on July 19, 2003. The delay was purportedly justified because "Susan Myatt, CCR, did a punishment hearing on this case, and due to her case load has not completed it." This was the first time that this Court was notified that someone else had purportedly transcribed a portion of the record and could not provide it in a timely manner.

Accordingly, we order Terri Ramsey, the official court reporter for the 140th District Court of Lubbock County, to transcribe and file with the Clerk of this Court a reporter's record as required by the Texas Rules of Appellate Procedure and encompassing the entire trial had in cause number 2000-433643. Said record shall include all argument, evidence, and exhibits presented to the court during trial, as well as any pretrial and post-trial hearings conducted by the trial court in said cause. We further order Terri Ramsey to file the complete reporter's record in a manner by which it will be received by the Clerk of this Court on or before 5:00 p.m. on July 7, 2003. No further motions for extension of time will be considered. Lastly, the failure to file the reporter's record by the date stated herein may result in a hearing requiring Ms. Ramsey to show cause why she should not be held in contempt, a complaint to the body governing certified court reporters, appropriate sanctions, or abatement and remand to the trial court for appropriate action.

It is so ordered.

Per Curiam

Do not publish.

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. §75.002(a)(1) (Vernon Supp. 2003).

testified that, if it is placed in the right spot, a pellet gun is capable of causing death or serious bodily injury. We further note that although the voluntariness of appellant's confession was raised at trial, there does not appear to have been any error in the trial court's ruling on its admissibility.

We have also made an independent examination of the record to determine whether there are any arguable grounds which might support the appeal. Finding none, we are in agreement with counsel that the appeal is without merit and is therefore frivolous. Lacy v. State, 477 S.W.2d 577, 578 (Tex.Crim.App. 1972).

Accordingly, the motion to withdraw is granted, and the judgment is affirmed.

John T. Boyd

Chief Justice