Opinion
Appellate case number: 01-19-00784-CR
08-11-2020
Melissa Perry v. The State of Texas
ORDER Trial court case number: 1577602 Trial court: County Criminal Court at Law No. 9 of Tarrant County
A jury convicted appellant, Melissa Perry, of the offense of interfering with public duties. The trial court assessed her punishment at confinement for seventy-five days, suspended the sentence, and placed her on community supervision for a term of twelve months. Appellant timely filed a notice of appeal. The record was due to be filed in this Court by December 27, 2019. See TEX. R. APP. P. 35.2.
Appellant's notice of appeal was filed in the Second District Court of Appeals. This appeal was subsequently transferred to this Court pursuant to the Supreme Court's docket equalization authority. See TEX. GOV'T CODE ANN. § 73.001.
The clerk's record was filed with the Court on December 19, 2019. But a reporter's record has not been filed.
On December 27, 2019, the Clerk of this Court notified appellant that the court reporter responsible for preparing the reporter's record in this appeal had informed the Court that appellant had not made arrangements to pay for preparation of the reporter's record and this Court's records indicate that appellant is not appealing as indigent. See id. 35.3(b).
The clerk's record includes appellant's "Motion for Free Reporter's Record and Affidavit of Inability to Pay for Counsel and Reporter's Record," filed on August 28, 2019, but reflect that the trial court determined that appellant was not indigent for purposes of obtaining a reporter's record at no cost to appellant. See TEX. R. APP. P. 20.2; see McFatridge v. State, 309 S.W.3d 1, 5-6 (Tex. Crim. App. 2010) (explaining trial court should resolve question whether appellant is entitled to free appellate record).
The Clerk of this Court further notified appellant that unless she caused the reporter's record to be filed in this Court, made arrangements to pay for the reporter's record, or provided proof that she is entitled to proceed without payment of costs by January 27, 2020, the Court might consider this appeal without a reporter's record. See id. 20.2, 37.3(c). Appellant has not responded to the Court for over seven months and a reporter's record has still not been filed.
Accordingly, the Court will consider and decide this appeal without a reporter's record. See id. 37.3(c). Appellant's brief is due to be filed no later than 30 days from the date of this order.
It is so ORDERED. Judge's signature: /s/ Terry Adams
[v] Acting individually [ ] Acting for the Court Date: August 11, 2020