In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-13-00036-CR
BYRON O'KEITH BARRETT, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 6th District Court
Lamar County, Texas
Trial Court No. 24865
Before Morriss, C.J., Carter and Moseley, JJ.
ORDER
Court reporter Terry Spangler recorded the trial court proceedings in our cause number
06-13-00036-CR, styled Byron O’Keith Barrett v. The State of Texas, trial court cause number
24865 in the 6th Judicial District Court of Lamar County, Texas. The reporter’s record was due
in this case April 29, 2013. The record is now seventeen days past due, and we have received
nothing from Spangler. A May 7 telephone call/voicemail message from our clerk’s office to
Spangler inquiring about the status of the past due record went unacknowledged by Spangler.
The Texas Rules of Appellate Procedure establish that “trial and appellate courts are
jointly responsible for ensuring that the appellate record is timely filed.” TEX. R. APP. P. 35.3(c).
The Rules further instruct that an “appellate court may enter any order necessary to ensure the
timely filing of the appellate record.” Id. In furtherance of our responsibilities established by the
Rules, we find we must take steps to ensure that the reporter’s record is filed in this case.
We, therefore, order Terry Spangler to file the reporter’s record in cause number 06-13-
00036-CR, Byron O’Keith Barrett v. The State of Texas, trial court cause number 24865, to be
received by this Court no later than Friday, May 31, 2013.
IT IS SO ORDERED.
BY THE COURT
Date: May 16, 2013
2
Byron O'Keith Barrett v. State
Combined Opinion