Wilburt Dwaine Cash v. State

Opinion

Motion Granted and Order filed November 8, 2012.

In The

Fourteenth Court of Appeals

____________

NO. 14-12-00715-CR NO. 14-12-00716-CR NO. 14-12-00718-CR NO. 14-12-00719-CR NO. 14-12-00720-CR NO. 14-12-00728-CR

____________

WILBURT DWAINE CASH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court Fort Bend County, Texas

Trial Court Cause Nos. 11-DCR-057110, 11-DCR-057111, 11-DCR-056924A, 11-

DCR-056925A, & 11-DCR-056926A

ORDER

The reporter’s record in this case was originally due August 27, 2012. See Tex. R.

App. P. 35.1. This court has granted Elizabeth Wittu, the official court reporter, two extensions of time to file the record until October 29, 2012. When the second extension

2

of time was granted, the court noted that no further extensions of time would be granted absent exceptional circumstances. No reporter’s record has been filed. On November 5, 2012, Elizabeth Wittu requested a third extension of time.

The court GRANTS a final extension request and issues the following order.

We order Elizabeth Wittu, the official court reporter, to file the record in this appeal on or before December 7, 2012. No further extension will be entertained.

The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c). It is the trial court’s responsibility to arrange for a substitute court reporter if necessary to ensure that a reporter’s record will be filed within a reasonable time. In addition, if Elizabeth Wittu does not timely file the record as ordered, the court may issue an order directing the trial court to conduct a hearing to determine the reason for the failure to file the record.

PER CURIAM