Jessie Allen Wilborn v. State

• Court: Court of Appeals of Texas
• Decided: November 21, 2006
• Docket: 07-06-00389-CR
• Status: Published

Opinion

NO. 07-06-0389-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

NOVEMBER 21, 2006

______________________________

JESSIE ALLEN WILBORN, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE _________________________________

FROM THE 241^ST DISTRICT COURT OF SMITH COUNTY;

NO. 241-0821-06; HONORABLE JACK SKEEN, JR., JUDGE _______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

ORDER DIRECTING FILING OF REPORTER'S RECORD

Appellant, James Allen Wilborn, appeals his conviction for possession of a controlled substance (cocaine) in an amount less than one gram and sentence of 18 years confinement in the Texas Department of Criminal Justice, Institutional Division, and $7,000 fine. Notice of appeal was timely filed in the trial court on August 23, 2006. The clerk's record was subsequently filed on September 15, 2006. The reporter's record was due to be filed on October 23, 2006, but no reporter's record was filed by this date. On November 3, 2006, this Court sent a letter to Steve R. Awbrey, court reporter for the 241^st District Court, directing him to complete and file a reporter's request form advising this Court of the status of the preparation of the reporter's record by November 13, 2006. See Tex. R. App. P. 35.3(b), (c). To date, no reporter's record, reporter's request form, or motion for extension of time has been filed with this Court.

Accordingly, we order Steve R. Awbrey, court reporter for the 241^st District Court, 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 trial had in cause number 241-0821-06. Said record shall include so much of the proceedings, and any of the exhibits, that the appellant has designated. See Tex. R. App. P. 34.6(a)(1), (b)(1). We further order Steve R. Awbrey 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 December 21, 2006. No 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 Mr. Awbrey to show cause why he should not be held in contempt, a complaint should not be filed with the body governing certified court reporters, appropriate sanctions should not be imposed, or the cause should not be abated and remanded to the trial court for appropriate action.

It is so ordered.

Per Curiam

Do not publish.