Narrative Opinion Summary
The Court of Appeals Fifth District of Texas issued an order on July 12, 2013, concerning an appeal involving Brian Maurice Fuller and The State of Texas. The appeal faced procedural complications due to an overdue reporter’s record, initially directed for filing with the incorrect court reporter. The court rectified this by mandating Velma Loza, the official court reporter of Criminal District Court No. 2, to submit the reporter's record within thirty days. Alternatively, she is required to verify in writing whether the record exists, no hearings were recorded, or the appellant has not been deemed indigent and has made no payment arrangements for the record. The court emphasized that if the appellant is confirmed as non-indigent and has not arranged payment, the appeal could proceed without the reporter's record in accordance with Texas Rule of Appellate Procedure 37.3(c). This order was electronically disseminated to the court reporter and all parties involved, underscoring the court's procedural directives and the potential impact on the appeal's continuation.
Legal Issues Addressed
Filing of Reporter’s Record in Appealssubscribe to see similar legal issues
Application: The court addresses the overdue filing of the reporter's record, highlighting the obligation of the court reporter to file the record or provide verification of specific circumstances.
Reasoning: The court now orders Velma Loza, the official court reporter of Criminal District Court No. 2, to file the reporter’s record within thirty days of the order.
Proceeding Without a Reporter’s Recordsubscribe to see similar legal issues
Application: The court indicates the potential to proceed with the appeal without the reporter's record if the appellant is not indigent and has not made payment arrangements, as per procedural rules.
Reasoning: The court warns that if it receives confirmation of the appellant's non-indigency and lack of payment, the appeal may proceed without the reporter’s record, as outlined in Texas Rule of Appellate Procedure 37.3(c).
Verification of Reporter’s Record Statussubscribe to see similar legal issues
Application: The court outlines the court reporter's duty to verify the status of the reporter's record if it is not filed, including whether hearings were recorded or if payment arrangements have been made.
Reasoning: Alternatively, she must provide written verification of one of the following: (1) the reporter’s record, (2) that no hearings were recorded, or (3) that the appellant has not been found indigent and has not made payment arrangements.