Opinion
Appellate case numbers: 01-18-00033-CRAppellate case numbers: 01-18-00034-CR
05-31-2018
Scott Richard Pendergraft v. The State of Texas
ORDER Trial court case numbers: 1512987 & 1512988 Trial court: 262nd District Court of Harris County
Counsel for the appellant has filed a motion in this Court on May 25, 2018, seeking an extension of time to file his brief in the above-referenced related appeals until June 15, 2018, or, in the alternative, to abate these appeals to supplement the appellate record with the presentence investigation ("PSI") report. Counsel attached a copy of the trial court's May 7, 2018 "Order for Counsel on Appeal to Obtain Exhibits & Forward A Supplemental Record," in which the trial court ordered that the PSI report be unsealed, provided to appellant's counsel, and filed as a supplemental clerk's record, but counsel noted that he has yet to receive it and the supplemental clerk's record has yet to be filed. Our review of the appeals requires that a supplemental clerk's record containing the PSI report, which was admitted as a sealed court exhibit at the November 8, 2017 PSI hearing in the underlying cases, be filed here. See TEX. R. APP. P. 34.5(c)(1).
Accordingly, the Court grants appellant's alternative motion to abate, abates these appeals, and orders the parties to, by written stipulation, deliver a copy of the PSI report that was reviewed by the trial court to the district court clerk for inclusion in a supplemental clerk's record. See TEX. CODE CRIM. PROC. ANN. art. 42A.256(b)(1)(B) (West 2006) (stating that PSI report and all info obtained in connection with PSI report "are confidential and may be released only as" provided by certain statutes, such as Article 42A.255, which authorizes State and defense access); TEX. R. APP. P. 34.5(e). The stipulated PSI report should be delivered to the district court clerk by no later than June 11, 2018. The Court further orders that the district court clerk prepare, certify, and file a supplemental clerk's record containing the PSI report, by no later than June 15, 2018. Appellant's briefing deadline will be reset upon the filing of the supplemental clerk's record. See TEX. R. APP. P. 34.5(c)(3), 38.6(a)(1), (d).
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[v] Acting individually [ ] Acting for the Court
Date: May 31, 2018