Victoria Ifeanyi Anwuzia v. State

DEBORAH K. HAMON CSR, RDR, CRR, CRC, TMR, TCRR OFFICIAL COURT REPORTER ROCKWALL COUNTY COURT AT LAW 1111 E. YELLOWJACKET LN., SUITE 403 ROCKWALL, TEXAS 75087 FILED IN (972) 204-6413 5th COURT OF APPEALS DALLAS, TEXAS 1/30/2018 2:11:33 PM January 30, 2018 LISA MATZ Clerk Ms. Lisa Matz, Clerk via TAMES Records Submission Portal Court of Appeals - 5th District George L. Allen Courts Bldg., 2nd Fl. 600 Commerce St., Ste. 200 Dallas, Texas 75202-4653 Re: Appellate Court Cause Numbers 05-17-01469-CR, 05-17-01470-CR Trial Court Cause Numbers CR16-0886, CR16-0887 Style: State of Texas vs. Victoria Ifeanyi Anwuzia Dear Ms. Matz: The Reporter's Record was due yesterday, January 29, 2018. There has been no request for the Reporter’s Record nor have satisfactory payment arrangements been made. See Tex.R.App. P. 34.6(b)(1), 35.3(b). On January 9, 2018, this Court issued an order abating the appeal in which appellant was put on notice of her requirement to request and pay for the preparation of the Reporter's Record. On January 22, 2018, the trial court conducted the hearing ordered by this Court in which the appellant was again advised that she would be required to request and pay for the preparation of the Reporter's Record in these appeals as evidenced in the trial court's Written Findings of Fact and Recommendations. Additionally, the appellant has not been deemed indigent and is not entitled to a free record prepared at taxpayer expense. The duty to prepare the Reporter’s Record for appellate review has not arisen, and no record has been prepared for filing. See Utley v. Marathon Oil Co., 958 S.W.2d 960 (Tex.App.–Waco 1998, no pet.); Cheek v. State, 65 S.W.3d 728 (Tex.App.–Waco 2001, no pet.). “If no one requests the record, pays for it, or makes arrangements to pay for it (assuming nonindigency), then the reporter need not do anything. Rodriguez v. State, 970 S.W.2d at 136 (dealing with the clerk’s record).” Kent v. State, 982 S.W.2d 639, 640 (Tex.App.–Amarillo 1998, pet. ref'd). Sincerely, /s/ Deborah K. Hamon