Ex Parte Donald Curtis Brassfield

Fourth Court of Appeals
San Antonio, Texas
November 21, 2018
No. 04-18-00860-CR
Ex parte Donald Curtis BRASSFIELD,
Appellant
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 14-1899-CR-A
Honorable Jessica Crawford, Judge Presiding
ORDER
On October 17, 2018, Appellant Donald Curtis Brassfield filed his notice of appeal
stating his intent to appeal from the trial court’s October 10, 2018 order denying relief on his
application for writ of habeas corpus pursuant to article 11.072 of the Texas Code of Criminal
Procedure. In this accelerated appeal, the reporter’s record was due on November 1, 2018. On
November 14, 2018, appellant’s notice of appeal was filed with this Court. This Court
determined that the reporter’s record was due to be filed on November 1, 2018. Therefore, the
Clerk of this Court sent the court reporter a letter informing her that the reporter’s record was
late. On November 19, 2018, the court reporter, Lori Schmid, filed a notification of late
reporter’s record, stating that she had not received a designation of record in order to know what
record to prepare and she had not been paid for preparation of the record.
We ORDER appellant to file written proof to this court on or before December 3, 2018
that he has filed a designation of record with court reporter Lori Schmid. See TEX. R. APP. P.
34.6(b)(1)-(2).
Further, we ORDER appellant to provide written proof to this court on or before
December 3, 2018 that either (1) the reporter’s fee has been paid or arrangements have been
made to pay the reporter’s fee; or (2) appellant is entitled to appeal without paying the reporter’s
fee. See TEX. R. APP. P. 37.3(c).
If appellant fails to respond within the time provided, appellant’s brief will be due within
thirty days from the date of this order, and the court will only consider those issues or points
raised in appellant’s brief that do not require a reporter’s record for a decision. See id.
_________________________________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 21st day of November, 2018.
___________________________________
Keith E. Hottle
Clerk of Court