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James Cody Sullivan v. the State of Texas

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Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ORDER OF ABATEMENT AND REMAND

Appellant, James Cody Sullivan, filed a notice of appeal from his conviction for forgery of a financial instrument, and sentence of two years incarceration in the State Jail Division of the Texas Department of Criminal Justice, and $500 fine. The appellate court clerk received and filed the trial court clerk’s record on October 7, 2010. The trial court reporter’s record was due to be received by October 4, 2010. This Court received two requests for extension of time to file the reporter’s record, both indicating that appellant had neither requested preparation of the record nor paid for or made arrangements to pay for the record. Concurrent with granting the reporter’s first request for extension, this Court sent a letter to appellant directing him to request and to pay for or make arrangements to pay for the reporter’s record and to certify that such action was taken by November 15, 2010, or the Court may set a deadline for appellant’s brief in the absence of a reporter’s record. When the reporter’s second request for extension was received on November 17 and no certification of compliance with the Court’s directive was received from appellant, the Court notified appellant by letter that his appellate brief was due on or before December 20, 2010. Appellant did not file his brief or request an extension of time to file his brief by this deadline. Consequently, on January 3, 2011, this Court sent appellant notice that, pursuant to Texas Rule of Appellate Procedure 38.8, failure to file his brief by January 13, may result in the appeal being abated and remanded without further notice. As of the date of this order, appellant has failed to file his brief or a motion for extension of time to file his brief.

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