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Johnson v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 22, 2017
No. 05-17-00813-CR (Tex. App. Aug. 22, 2017)

Opinion

No. 05-17-00813-CR

08-22-2017

FRANKLYN TYRONE JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 396th District Court Tarrant County, Texas
Trial Court Cause No. 1320746D

ORDER

On August 3, 2017, the Tarrant County District Clerk's office filed two documents in the above appeal along with a handwritten note stating that each document was "Sealed per ct." Because the documents did not comply with the Texas Rules of Appellate Procedure, we struck them on August 11, 2017 and ordered they be refiled in a proper supplemental clerk's record.

On August 21, 2017, the Tarrant County District Clerk's office again filed the two documents along with a duplicate copy of the clerk's record already on file. The two documents are not filed in a supplemental clerk's record, nor are they text-searchable, bookmarked, properly labeled, or certified in accordance with the rules of appellate procedure. See TEX. R. APP. P. 34.5, appx. C. The August 21st documents are identical to the August 3rd documents except that the last page of each August 21st document now notes it is "unsealed for appeal record 7/31/17".

As we explained in detail in our August 11, 2017 order striking the August 3rd documents, the August 21st documents are not in proper supplemental clerk's records. Accordingly, we STRIKE the duplicate clerk's record and the two documents filed August 21, 2017. We ORDER the Tarrant County District Clerk to refile the two documents, within TEN DAYS of the date of this order, in a proper supplemental clerk's record that complies with the Texas Rules of Appellate Procedure.

We DIRECT the Clerk to send copies of this order to the Honorable George Gallagher, Presiding Judge, 396th Judicial District Court; Thomas A. Wilder, Tarrant County District Clerk; Brian Newman; and the Tarrant County District Attorney's Office.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE


Summaries of

Johnson v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 22, 2017
No. 05-17-00813-CR (Tex. App. Aug. 22, 2017)
Case details for

Johnson v. State

Case Details

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

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 22, 2017

Citations

No. 05-17-00813-CR (Tex. App. Aug. 22, 2017)