Rebecca J. Desrochers v. State

Court of Appeals of Texas

Rebecca J. Desrochers v. State

DecidedMarch 8, 2018

Docket04-17-00650-CR

StatusPublished

This text of Rebecca J. Desrochers v. State (Rebecca J. Desrochers v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Opinion

Fourth Court of Appeals San Antonio, Texas March 8, 2018

No. 04-17-00650-CR

Rebecca J. DESROCHERS, Appellant

v.

The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR9328 Honorable Melisa Skinner, Judge Presiding

ORDER

The court reporter’s record was originally due January 29, 2018. A review of the docketing statement identifies the court reporter as Erminia Uviedo. By February 1, 2018, portions of the record were filed by court reporters, Delcine Benavides and Mary Beth Sasala; however, nothing had been filed by Erminia Uviedo. Accordingly, on February 2, 2018, this court notified Ms. Uviedo by letter that she is one of the court reporters responsible for the reporter’s record and her portion of the record had not been filed. Our notice required Ms. Uviedo to file the record no later than March 5, 2018, unless appellant had failed to pay or make arrangements to pay the fee for preparing the record and is not entitled to appeal without paying the fee, in which case the reporter was required to file a notice so advising the court no later than February 12, 2018. Thereafter, on February 14, 2018, Ms. Uviedo filed a letter, stating she was not the reporter for this case. It therefore appears the appellate record was complete as of February 1, 2018, making the appellant’s brief due March 5, 2018. See Tex. R. App. P. 38.6.

On March 5, 2018, appellant filed a motion for extension of time, requesting a 45 day extension to file her appellant’s brief. In her motion, appellant explains she needs more time to prepare her brief due to workload. After consideration, we GRANT appellant’s request for an extension of time to file her brief and ORDER appellant to file her brief in this court on or before April 19, 2018.

We further order the clerk of this court to serve a copy of this order on the trial court and all counsel. _________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of March, 2018.

___________________________________ Keith E. Hottle Clerk of Court

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Fourth Court of Appeals San Antonio, Texas March 8, 2018

No. 04-17-00650-CR

Rebecca J. DESROCHERS, Appellant

v.

The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR9328 Honorable Melisa Skinner, Judge Presiding

ORDER

The court reporter’s record was originally due January 29, 2018. A review of the docketing statement identifies the court reporter as Erminia Uviedo. By February 1, 2018, portions of the record were filed by court reporters, Delcine Benavides and Mary Beth Sasala; however, nothing had been filed by Erminia Uviedo. Accordingly, on February 2, 2018, this court notified Ms. Uviedo by letter that she is one of the court reporters responsible for the reporter’s record and her portion of the record had not been filed. Our notice required Ms. Uviedo to file the record no later than March 5, 2018, unless appellant had failed to pay or make arrangements to pay the fee for preparing the record and is not entitled to appeal without paying the fee, in which case the reporter was required to file a notice so advising the court no later than February 12, 2018. Thereafter, on February 14, 2018, Ms. Uviedo filed a letter, stating she was not the reporter for this case. It therefore appears the appellate record was complete as of February 1, 2018, making the appellant’s brief due March 5, 2018. See Tex. R. App. P. 38.6.

On March 5, 2018, appellant filed a motion for extension of time, requesting a 45 day extension to file her appellant’s brief. In her motion, appellant explains she needs more time to prepare her brief due to workload. After consideration, we GRANT appellant’s request for an extension of time to file her brief and ORDER appellant to file her brief in this court on or before April 19, 2018.

We further order the clerk of this court to serve a copy of this order on the trial court and all counsel. _________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of March, 2018.

___________________________________ Keith E. Hottle Clerk of Court

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