Kristeen Brooke Adams v. The State of Texas--Appeal from County Court of Franklin County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00014-CR ______________________________ KRISTEEN BROOKE ADAMS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Court Franklin County, Texas Trial Court No. 11028 Before Morriss, C.J., Carter and Moseley, JJ. ORDER Court reporter Patricia Harrison recorded the proceedings in cause number 06-09-00014-CR, styled Kristeen Brooke Adams v. State of Texas, in the County Court of Franklin County, Texas. Adams was convicted July 15, 2008, of assault causing bodily injury and was sentenced to 180 days' confinement, probated for one year, and a fine of $1,500.00, probated over the period of Adams' probation. The reporter's record was originally due in this case on or before April 9, 2009. We granted one extension of time to file the reporter's record, to May 11, 2009. Despite repeated assurances since that time, the last that the record would be filed June 8, the record has not been filed. The Texas Rules of Appellate Procedure instruct: The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. The appellate court must allow the record to be filed late when the delay is not the appellant's fault, and may do so when the delay is the appellant's fault. The appellate court may enter any order necessary to ensure the timely filing of the appellate record. TEX . R. APP . P. 35.3(c). As required by the Texas Rules of Appellate Procedure, we find we must take steps to ensure the timely filing of the appellate record. Therefore, it is ordered that Patricia Harrison complete and file the reporter's record in cause number 06-09-00014-CR, Kristeen Brooke Adams v. State of Texas, trial court number 11028, to be received by this Court no later than Monday, June 22, 2009. If the record is not filed in accordance 2 with this order, we may direct Harrison to appear before this Court and show cause why she should not be held in contempt by this Court for failure to obey its orders and fined or subjected to any other remedial measures we deem appropriate. See TEX . GOV 'T CODE ANN . ยง 21.002 (Vernon 2004); In re Prentice, 848 S.W.2d 717 (Tex. App. Corpus Christi 1993, no writ); In re Ross, 749 S.W.2d 289 (Tex. App. Houston [14th Dist.] 1988, no writ). IT IS SO ORDERED. BY THE COURT Date: June 11, 2009 3
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