Johnson v. State

Full title: JEROME JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Jan 20, 2022

No. 05-21-00704-CR (Tex. App. Jan. 20, 2022)

Opinion

05-21-00704-CR

01-20-2022

JEROME JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

ERIN A. NOWELL JUSTICE.

On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F01-53637-JH

ORDER

ERIN A. NOWELL JUSTICE.

Before the Court are appellant's January 12, 2022 motions for additional time to file (1) the supplemental clerk's record and (2) his brief. On January 13, 2022, appellant's brief was received and scanned into the Court's database; on January 18, 2022, the supplemental clerk's record was filed.

Because the supplemental clerk's record was filed, we DENY appellant's extension motion on the supplemental clerk's record as moot.

Under appellate rule 38.6, an appellant's brief is not due until thirty days after the date the clerk's record is filed. Although the clerk's record was filed on September 20, 2021, that record was incomplete and required supplementation which occurred on January 18, 2022. And while appellant's brief was not technically due until thirty days later, he mailed it and it was received on January 13, 2022. Appellant, however, has not had the benefit of his copy of the supplemental clerk's record.

Therefore, we DIRECT the Clerk to send appellant a paper copy of the January 18, 2022 supplemental clerk's record.

We GRANT appellant's second motion to the extent we ORDER any amended brief to be filed by February 28, 2022. Appellant is reminded that an amended brief operates to replace the original brief, see Florence v. State, No. 01- 11-00822-CR, 2013 WL 3957696 at *1 n.1 (Tex. App.-Houston [1st Dist] July 30, 2013, no pet.) (not designated for publication), and that criminal briefs are not required to have an appendix. See Tex. R. App. P. 38.1.

We DIRECT the Clerk to copy the reporter's record and clerk's record from appellant's direct appeal, cause # 05-03-01058-CR, into this appeal.

We DIRECT the Clerk to send a copy of this order to Jerome Johnson, TDCJ #01198301, Estelle Unit, 264 FM 3478, Huntsville, TX 77320-3320; and the Dallas County District Attorney's Office, Appellate Division.