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Wayne Edward Weirich v. State
04-17-00717-CR
| Tex. App. | Jan 9, 2018
|
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Case Information

*1 Fourth Court of Appeals

San Antonio, Texas

January 9, 2018

No. 04-17-00717-CR

Wayne Edward WEIRICH,

Appellant

v.

The STATE of Texas,

Appellee From the 216th Judicial District Court, Gillespie County, Texas

Trial Court No. 6261 Honorable N. Keith Williams, Judge Presiding

O R D E R

The clerk’s record was originally due December 5, 2017, but was not filed. The clerk of this court sent a notice to the trial court clerk, stating the record was late and requesting that the record be filed by January 4, 2018. See T EX . R. A PP . P. 37.3(a)(1) (requiring the appellate clerk to notify the official responsible for filing the record that the record is late), 35.3(a) (providing “[t]he trial court clerk is responsible for preparing, certifying, and timely filing the clerk’s record”). We received no response to our letter.

We therefore order the trial court clerk, Jan Davis, to file the clerk’s record in this court no later than February 8, 2018 . If the clerk’s record is not timely filed, a show cause order shall issue directing the trial court clerk to appear before this court and show cause why they should not be held in contempt for failing to file the record. See id. R. 37.3(a)(1) (requiring us to “make whatever order is appropriate to avoid further delay and to preserve the parties’ rights”).

We further order the clerk of this court to cause a copy of this order to be served on the trial court clerk by certified mail, return receipt requested, and by regular United States mail. Because the trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed, the clerk of this court shall also cause a copy of this order to be served upon the trial court. See id. R. 35.3(c).

_________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of January, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court

Case Details

Case Name: Wayne Edward Weirich v. State
Court Name: Court of Appeals of Texas
Date Published: Jan 9, 2018
Docket Number: 04-17-00717-CR
Court Abbreviation: Tex. App.
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