Tom Richard Doyle, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: April 8, 2003
• Docket: 07-03-00024-CR
• Status: Published

Opinion

NO. 07-03-0024-CR IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

APRIL 8, 2003 ______________________________

TOM RICHARD DOYLE, JR.,

Appellant

v.

THE STATE OF TEXAS,

Appellee _________________________________

FROM THE 359TH DISTRICT COURT OF MONTGOMERY COUNTY;

NO. 02-05-03090-CR; HON. JAMES H. KEESHAN, PRESIDING _______________________________

ORDER DIRECTING FILING OF REPORTER'S RECORD __________________________________

Before JOHNSON, C.J., QUINN, J., and BOYD, S.J. ⁽¹⁾

Appellant, Tom Richard Doyle, Jr. appeals his convictions for indecency with a child, aggravated sexual assault of a child and aggravated kidnapping. Notice of appeal was timely filed in the trial court on December 18, 2002. The clerk's record was subsequently filed on January 27, 2003, and the reporter's record was due to be filed on February 21, 2003. On February 28, 2003, this Court sent a letter requesting Jill Driscoll, the official court reporter, to complete and file a reporter's request form by March 10, 2003. See Tex. R. App. P. 35.3(b). The reporter returned the form requesting an extension of time to file the reporter's record, which the Court granted to March 31, 2003, with the admonition that no further extensions would be granted. To date, no reporter's record or motion for extension of time has been filed with this Court.

Accordingly, we order Jill Driscoll, the official court reporter for the 359th District Court of Montgomery 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 trial had in cause number 02-05-03090-CR. Said record shall include all argument, evidence, and exhibits presented to the court during trial, as well as any pre-trial and post-trial hearings conducted by the court in said cause. We further order Jill Driscoll 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 May 8, 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. Driscoll 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).