Jason Hardin v. State

NO. 07-02-0444-CR IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

FEBRUARY 24, 2003 ______________________________

JASON HARDIN,

Appellant

v.

THE STATE OF TEXAS,

Appellee _________________________________

FROM THE 242ND DISTRICT COURT OF HALE COUNTY;

NO. B 14427-0204; HON. ED SELF, PRESIDING _______________________________

ORDER DIRECTING FILING OF REPORTER'S RECORD __________________________________

Before QUINN and REAVIS, JJ., and BOYD, S.J. ⁽¹⁾  

Appellant, Jason Hardin, appeals his conviction for aggravated assault. Appellant received a sentence of 47 years confinement in the Texas Department of Criminal Justice, Institutional Division. Notice of appeal was timely filed in the trial court on October 29, 2002. The clerk's record was subsequently filed on December 31, 2002, and the reporter's record was due to be filed on January 30, 2003. On February 6, 2003, this Court sent a letter requesting David Fortenberry, the official court reporter, to complete and file a reporter's request form by February 17, 2002. See Tex. R. App. P. 35.3(b). No response or motion requesting an extension of time to file the reporter's record was received by this Court.

Accordingly, we order David Fortenberry, the official court reporter for the 242nd District Court of Hale 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 B 14427-0204. 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 David Fortenberry 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 March 17, 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 Mr. Fortenberry to show cause why he 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Do not publish.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).