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P. David Romei was convicted of theft of property, a felony, and misapplication of fiduciary property, a misdemeanor. TEX. PENAL CODE ANN. §§ 31.03(f)(2) and 32.45 (Vernon Supp. 2008). Sentence was pronounced in each conviction on January 12, 2009. The reporter’s records in these appeals were originally due March 13, 2009. Neither record has been filed.

In an effort to comply with this Court’s duty under Texas Rule of Appellate Procedure 35.3(c), on April 14, 2009, with the full Court’s approval, the Clerk of this Court prepared a letter to the trial judge of the 361st District Court documenting the reporter’s records from that court which were overdue in this Court. The records from these appeals, case numbers 10-09-00062-CR and 10-09-00063-CR, were included in the Clerk’s list of overdue records. On April 17, the trial judge responded by letter and informed the Clerk that, as to these appeals, the reporter was working diligently and would provide them as timely as possible. The trial judge did not give the Clerk a set date for the filing of the records but did inquire about the frequency with which he received communications about late records.

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