Opinion
NO. 03-19-00088-CR
04-05-2019
Matthew James Farrell, Appellant v. The State of Texas, Appellee
FROM THE 433RD DISTRICT COURT OF COMAL COUNTY
NO. CR2015-006 , THE HONORABLE DIB WALDRIP, JUDGE PRESIDING ORDER AND MEMORANDUM OPINION
PER CURIAM
Matthew James Farrell seeks to appeal the district court's order concluding that it lacked jurisdiction to grant Farrell's requested judicial-clemency relief in his "Motion to Set Aside Conviction and Dismiss Charges." See Tex. Code Crim. Proc. art. 42A.701(f). However, the clerk's record does not contain the necessary standardized form that judges "must use" when discharging a defendant under article 42A.701. See id. art. 42A.701(f-1) ("A judge discharging a defendant under this article must use the form adopted under this subsection.").
The Office of Court Administration of the Texas Judicial System (OCA) adopted a standardized form for use after December 1, 2017, by courts discharging a defendant under article 42A.701. See Tex. Code Crim. Proc. art. 42A.701(f-1); see also Off. Ct. Admin. Tex. Jud. Syst., "Order of Early Discharge From Community Supervision (Probation) under Article 42A.701, CCP," available at http://www.txcourts.gov/rules-forms/forms/. The form is posted in Word format on OCA's website. See "Order of Early Discharge from Community Supervision (Probation)," available at https://www.txcourts.gov/media/1439810/discharge-order-early-termination.docx.
Accordingly, we abate this appeal and remand the cause to the district court for completion of the standardized form required by the Texas Code of Criminal Procedure. See id. A supplemental clerk's record containing the completed form shall be filed with this Court no later than May 6, 2019. See Tex. R. App. P. 34.5(c)(3).
It is ordered April 5, 2019. Before Justices Goodwin, Baker, and Triana Abated and Remanded Filed: April 5, 2019 Do Not Publish