Jeffery Jansen v. State

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00232-CR

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JEFFERY JANSEN, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 188th Judicial District Court

Gregg County, Texas

Trial Court No. 32186-A

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Before Morriss, C.J., Ross and Carter, JJ.

O R D E R

            Jeffery Jansen has appealed his conviction for possession of a controlled substance. The trial court imposed sentence August 3, 2005, and Jansen timely appealed. Jansen is represented by retained counsel and is not appealing as an indigent; he is, therefore, responsible for payment of the preparation of the appellate record. The record was originally due to be filed 120 days after the date sentence was imposed; in this case, that due date was December 1, 2005. See Tex. R. App. P. 35.2(b).

            The clerk's record was timely received November 14, 2005. Our clerk's office has contacted the court reporter, who has informed the Court that the reporter's record has not been prepared or filed because the party has not paid the reporter's fee and has not made satisfactory arrangements to pay that fee as required by Tex. R. App. P. 35.3(b), (c).

            Earlier this month, retained counsel informed this Court that Jansen wishes to dismiss his appeal, but we have not, as yet, received a motion to dismiss the appeal.

            Under the authority of Tex. R. App. P. 37.3(c), we hereby provide the appellant with notice and an opportunity to cure the defect in timely preparing the record (as required by our rules) by paying or making arrangements to pay the court reporter the amount owed and by filing the reporter's record. If the reporter's record or information reflecting an adequate effort to obtain such is not received by this Court within fifteen days of the date of this order (before March 8, 2006) or if the appellate brief based solely on the clerk's record is not received by that same date, this appeal will be considered on the record alone. See Tex. R. App. P. 38.8(b); Stavinoha v. State, 82 S.W.3d 690 (Tex. App.—Waco 2002, no pet.); Bush v. State, 80 S.W.3d 199 (Tex. App.—Waco 2002, no pet.); see also McDaniel v. State, 75 S.W.3d 605 (Tex. App.—Texarkana 2002, no pet.); Rodriguez v. State, 970 S.W.2d 133, 135 (Tex. App.—Amarillo 1998, pet. ref'd).

            IT IS SO ORDERED.

                                                                        Jack Carter

                                                                        Justice

Date:   February 21, 2006

0;    February 8, 2005

Date Decided:             February 17, 2005