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Hill v. State

Court of Appeals Fifth District of Texas at Dallas
Feb 16, 2018
No. 05-16-01512-CR (Tex. App. Feb. 16, 2018)

Opinion

No. 05-16-01512-CR

02-16-2018

JOHN ARTHUR HILL, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 363rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F15-76425-W

ORDER

Appellant was charged with aggravated sexual assault of a child. A jury found him guilty and assessed punishment at 99 years in prison. Appellant filed a notice of appeal and a motion for new trial in the trial court on December 22, 2016. Appellant's brief states that on February 22, 2017, the trial court signed an order vacating the 99 year sentence and sentencing appellant to 40 years in prison. According to appellant's brief, the order further stated that appellant agreed to waive his right to appeal as to the sentencing phase only in exchange for the reduced sentence of 40 years' incarceration. Although the clerk's record was filed in this Court on April 18, 2017, it does not contain the trial court's February 22, 2017 order or the judgment resentencing appellant. The clerk's record also does not contain the certification of appellant's right to appeal that should have been completed after the trial court's February 22, 2017 order.

We ORDER the Dallas County District Clerk to file, WITHIN SEVEN DAYS OF THE DATE OF THIS ORDER, a supplemental clerk's record containing (1) the trial court's February 22, 2017 order granting appellant's motion for new trial as to the sentencing phase only; (2) the trial court's judgment sentencing appellant to 40 years in prison; and (3) the trial court's certification of appellant's right to appeal that should have been completed after the February 22, 2017 order.

/s/ DOUGLAS LANG

PRESIDING JUSTICE


Summaries of

Hill v. State

Court of Appeals Fifth District of Texas at Dallas
Feb 16, 2018
No. 05-16-01512-CR (Tex. App. Feb. 16, 2018)
Case details for

Hill v. State

Case Details

Full title:JOHN ARTHUR HILL, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 16, 2018

Citations

No. 05-16-01512-CR (Tex. App. Feb. 16, 2018)