Opinion
No. 04-18-00363-CR
06-06-2018
Steven P. CHERRY, Appellant v. The STATE of Texas, Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR6408
Honorable Sid L. Harle, Judge Presiding
ORDER
The trial court imposed appellant's sentence on August 9, 2016. This court dismissed appellant's appeal for want of jurisdiction on February 1, 2017. Cherry v. State, No. 04-16-00524-CR, 2017 WL 429581, at *1 (Tex. App.—San Antonio Feb. 1, 2017, no pet.) (mem. op., not designated for publication). On May 29, 2018, appellant's appointed counsel, Kimberly D. Gardner, filed another notice of appeal in the trial court, and the notice was forwarded to this court. The clerk's record was filed and shows appellant was appointed new counsel, Michael Goains.
We order Michael Goains, appellant's appointed counsel, to file a response by June 21, 2018 showing cause why this appeal should not be dismissed for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals' jurisdiction). Appellant has the burden to request that the trial court clerk prepare a supplemental clerk's record containing any and all necessary pleadings and orders to establish this court's jurisdiction. Appellant must file a copy of any such request with this court. All deadlines in this matter are suspended until further order of the court.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of June, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court