Opinion
Appellate case number: 01-16-00416-CR
08-30-2016
Johnny Lee Childress, Jr. v. The State of Texas
ORDER Trial court case number: 15-DCR-070013A Trial court: 268th District Court of Fort Bend County
On May 5, 2016, appellant, Johnny Lee Childress, Jr., filed a pro se notice of appeal in trial court case number 15-DCR-070013A, a case which had been dismissed by the trial court on April 25, 2016, because of appellant's guilty plea in the related trial court case number 15-DCR-070013. On June 9, 2016, the trial court appointed Michael C. Diaz as appellant's appellate counsel in both trial court case numbers 15-DCR-070013A and 15-DCR-070013.
On August 3, 2016, the Clerk of this Court granted the motion for extension of time to file appellant's brief filed by his counsel until September 5, 2016. Appellant's counsel, Michael C. Diaz, sought an extension of time for, among other reasons, additional time to confer with the appellant because he is currently incarcerated. On August 22, 2016, appellant filed a pro se change of address, dated August 18, 2016, in this Court stating that he is now currently incarcerated at the Alfred Hughes Unit in Gatesville, Texas, and requesting an update on the status of his appeal.
Accordingly, because appellant's change of address was filed while he was proceeding pro se, but failed to include the required certificate of service, the Court sua sponte ORDERS the Clerk of this Court to deliver a copy of appellant's change of address to his counsel, Michael C. Diaz, and to counsel for the State, John J. Harrity III and John J. Healey, Jr., via electronic mail. See TEX. R. APP. P. 4.1(a), 6.3(a), 9.5(d), (e).
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually [ ] Acting for the Court Date: August 30, 2016
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