Opinion
No. 11-10-00370-CV
08-31-2012
JOE DALE BOND, Appellant v. STATE OF TEXAS, Appellee
On Appeal from the 39th District Court
Haskell County, Texas
Trial Court Cause No. 5855
ORDER
This is an appeal from an order denying Joe Dale Bond's contest of an order to withdraw funds issued pursuant to Section 501.014(e) of the Texas Government Code. Upon reviewing the appellate record after submission, it appears that the judgment and bill of costs from the underlying criminal conviction are not contained in the clerk's record. Without these documents, this court is unable to adequately determine the trial court's methodology for calculating the amount of $6,643 in assessed "court costs, fees and/or fines and/or restitution" referenced in the order to withdraw funds. Therefore, we abate this appeal to give the district clerk an opportunity to file a supplemental clerk's record containing the supporting documents.
TEX. GOV'T CODE ANN. § 501.014(e) (West 2012).
The district clerk is directed to prepare and file in this court a supplemental clerk's record containing the judgment, the bill of costs, and any other documents in the clerk's file that reflect the assessed "court costs, fees and/or fines and/or restitution" referenced in the order to withdraw funds. This appeal will be reinstated upon receipt of the supplemental record, which is now due for filing in this court on or before September 17, 2012.
The appeal is abated.
PER CURIAM Panel consists of: Wright, C.J.,
McCall, J., and Kalenak, J.