Victoria Ifeanyi Anwuzia v. State ( 2018 )


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  •                                         DEBORAH K. HAMON
    CSR, RDR, CRR, CRC, TMR, TCRR
    OFFICIAL COURT REPORTER
    ROCKWALL COUNTY COURT AT LAW
    1111 E. YELLOWJACKET LN., SUITE 403
    ROCKWALL, TEXAS 75087                         FILED IN
    (972) 204-6413                     5th COURT OF APPEALS
    DALLAS, TEXAS
    1/30/2018 2:11:33 PM
    January 30, 2018
    LISA MATZ
    Clerk
    Ms. Lisa Matz, Clerk                          via TAMES Records Submission Portal
    Court of Appeals - 5th District
    George L. Allen Courts Bldg., 2nd Fl.
    600 Commerce St., Ste. 200
    Dallas, Texas 75202-4653
    Re:    Appellate Court Cause Numbers 05-17-01469-CR, 05-17-01470-CR
    Trial Court Cause Numbers CR16-0886, CR16-0887
    Style: State of Texas vs. Victoria Ifeanyi Anwuzia
    Dear Ms. Matz:
    The Reporter's Record was due yesterday, January 29, 2018. There has been no request for the
    Reporter’s Record nor have satisfactory payment arrangements been made. See Tex.R.App. P.
    34.6(b)(1), 35.3(b). On January 9, 2018, this Court issued an order abating the appeal in which
    appellant was put on notice of her requirement to request and pay for the preparation of the
    Reporter's Record. On January 22, 2018, the trial court conducted the hearing ordered by this
    Court in which the appellant was again advised that she would be required to request and pay for
    the preparation of the Reporter's Record in these appeals as evidenced in the trial court's Written
    Findings of Fact and Recommendations. Additionally, the appellant has not been deemed
    indigent and is not entitled to a free record prepared at taxpayer expense.
    The duty to prepare the Reporter’s Record for appellate review has not arisen, and no record has
    been prepared for filing. See Utley v. Marathon Oil Co., 
    958 S.W.2d 960
    (Tex.App.–Waco
    1998, no pet.); Cheek v. State, 
    65 S.W.3d 728
    (Tex.App.–Waco 2001, no pet.). “If no one
    requests the record, pays for it, or makes arrangements to pay for it (assuming nonindigency),
    then the reporter need not do anything. Rodriguez v. 
    State, 970 S.W.2d at 136
    (dealing with the
    clerk’s record).” Kent v. State, 
    982 S.W.2d 639
    , 640 (Tex.App.–Amarillo 1998, pet. ref'd).
    Sincerely,
    /s/ Deborah K. Hamon
    

Document Info

Docket Number: 05-17-01469-CR

Filed Date: 1/30/2018

Precedential Status: Precedential

Modified Date: 2/1/2018