Demetrius Troyill Smith v. State

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-18-00159-CR
DEMETRIUS TROYILL SMITH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 6th District Court
Lamar County, Texas
Trial Court No. 27572
Before Morriss, C.J., Moseley and Burgess, JJ.
ORDER
Court reporter Terry Spangler recorded the trial court proceedings in appellate cause
number 06-18-00159-CR, styled Demetrius Troyill Smith v. The State of Texas, trial court cause
number 27572 in the 6th Judicial District Court of Lamar County, Texas. The reporter’s record
was originally due October 30, 2018. The record has not been filed. Spangler has not requested
an extension of the filing deadline, even after receiving email correspondence from this Court
inquiring about the status of the record.
The Texas Rules of Appellate Procedure establish that “trial and appellate courts are jointly
responsible for ensuring that the appellate record is timely filed.” TEX. R. APP. P. 35.3(c). The
Rules further instruct that an “appellate court may enter any order necessary to ensure the timely
filing of the appellate record.” Id. In furtherance of our responsibilities established by the Rules,
we find we must take steps to ensure that the record in this case is filed in a reasonable amount of
time.
Therefore, we order Spangler to file the reporter’s record in cause number 06-18-00159-
CR, styled Demetrius Troyill Smith v. State of Texas, trial court cause number 27572 in the 6th
Judicial District Court of Lamar County, Texas, to be received no later than November 29, 2018.
If the reporter’s record is not received by November 29, we warn Spangler that we may
begin contempt proceedings and order her to show cause why she should not be held in contempt
of this Court for failing to obey its order.
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IT IS SO ORDERED.
BY THE COURT
Date: November 8, 2018
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