James Nathan Alexander v. State

• Court: Court of Appeals of Texas
• Decided: February 20, 2013
• Docket: 06-12-00133-CR
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-12-00133-CR

JAMES NATHAN ALEXANDER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 188th District Court Gregg County, Texas Trial Court No. 40028-A

Before Morriss, C.J., Carter and Moseley, JJ. ORDER

Court reporter Grelyn Freeman has filed a third request for extension of time to prepare

the reporter’s record in cause number 06-12-00133-CR, styled James Nathan Alexander v. The

State of Texas, appealed from the 188th Judicial District Court of Gregg County, Texas. The

reporter’s record was originally due in this case on or before December 4, 2012. It is currently

due, on Freeman’s second request for extension, February 4, 2013.

The Texas Rules of Appellate Procedure instruct:

The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. The appellate court may extend the deadline to file the record if requested by the clerk or reporter. Each extension must not exceed 30 days in an ordinary or restricted appeal, or 10 days in an accelerated appeal. The appellate court must allow the record to be filed late when the delay is not the appellant’s fault, and may do so when the delay is the appellant’s fault. The appellate court may enter any order necessary to ensure the timely filing of the appellate record.

TEX. R. APP. P. 35.3(c).

In furtherance of our responsibilities, we find we must take steps to ensure the timely

filing of this appellate record.

We overrule Freeman’s third request for an extension of time.

Further, we order that Freeman complete and file the reporter’s record in this matter on or

before March 21, 2013.

If the record is not received by March 21, we warn Freeman that we may begin contempt

proceedings requiring her to show cause why she should not be held in contempt of this Court

for failing to obey its order.

2 IT IS SO ORDERED.

BY THE COURT

Date: February 20, 2013