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Michael Earitt White v. State
Citation: Not availableDocket: 06-13-00110-CR
Court: Court of Appeals of Texas; September 4, 2014; Texas; State Appellate Court
Original Court Document: View Document
Michael Earitt White was convicted on June 6, 2013, of driving with an invalid/suspended license with a prior conviction in Lamar County, Texas, and was sentenced to ninety days in jail and a $1,000 fine. Following his conviction, White filed a notice of appeal, claiming indigence and requesting appointed counsel and a free copy of the appellate record. The trial court held an indigence hearing on June 27, 2013, and determined White was not indigent, leading to the refusal of the trial court clerk and the court reporter, Mary Ann Taylor, to prepare the appellate record without payment. White contested this determination, resulting in the Court of Appeals abating the matter back to the trial court. On July 28, 2014, the appellate court found White to be indigent for appeal purposes, ordered the appointment of appellate counsel, and mandated that both the clerk and the reporter prepare their portions of the appellate record by August 27, 2014. The clerk’s record was submitted on August 18, 2014. On August 27, 2014, Taylor requested a sixty-day extension to file the reporter’s record, citing her involvement with other appellate records but failing to provide a reasonable explanation for the delay. The appellate court, emphasizing its joint responsibility with trial courts to ensure timely filing of records, overruled Taylor's request and ordered her to file the reporter’s record by September 19, 2014. The court warned that failure to comply might result in contempt proceedings against Taylor for not adhering to the court’s order. The order was officially issued by the Court on September 4, 2014.