Javier Arriaga v. the State of Texas

Opinion

Order entered November 17, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00152-CR

JAVIER ARRIAGA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F19-55884-P

ORDER

Before the Court is appellant’s November 14, 2022 third motion to extend

the time to file his brief. As grounds for extension, appellant points to two

deficiencies with the record—a docket sheet missing from the clerk’s record, and

in the reporter’s record at volume three, page 127, a half-page of testimony that is

blocked out. Appellant’s counsel informs the Court that he has requested

supplementation of the clerk’s record to obtain the docket sheet, and he has attempted to contact court reporter Crystal R. Brown to request supplementation of

the reporter’s record, but he has been unable to communicate with her. 1

To allow appellant’s counsel time to rectify the issues with the record and

complete appellant’s brief, we GRANT the motion to extend appellant’s brief. We

ORDER appellant to file his brief by December 14, 2022.

If appellant’s brief is not filed by December 14, 2022, the Court will abate

this case to the trial court for a hearing on why the brief has not been filed and to

address any outstanding issues with the record. See TEX. R. APP. P. 34.6(e),

38.8(b)(2).

We DIRECT the Clerk to transmit a copy of this order to the Honorable

Raquel Jones, Presiding Judge, 203rd Judicial District Court; Crystal R. Brown,

court reporter; and to counsel for the parties.

/s/ LANA MYERS JUSTICE

1 We note that Ms. Brown has left her position with the 203rd Judicial District Court and is now the court reporter for the 44th Judicial District Court.

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