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Jones v. State

Court of Appeals of Texas, Fifth District, Dallas
Nov 19, 2021
No. 05-20-00476-CR (Tex. App. Nov. 19, 2021)

Opinion

05-20-00476-CR

11-19-2021

JIMMY JONES, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F16-15371-R

ORDER

LANA MYERS, JUSTICE

Before the Court are (1) appellant's November 3, 2021 motion for an extension of time to file his supplemental brief, (2) appellant's November 12, 2021 motion to file a second sealed supplemental clerk's record, and (3) the parties' November 12, 2021 joint motion to file a supplemental reporter's record.

We GRANT appellant's November 3 motion and ORDER appellant's supplemental brief received on November 12 filed as of the date of this order. 1

We GRANT appellant's November 12 motion to file a second sealed supplemental clerk's record. We ORDER Dallas County District Clerk Felicia Pitre to file, WITHIN FIFTEEN DAYS of the date of this order, a sealed supplemental clerk's record containing the following items:

(1) Letter from District Attorney to Court Reporter Marty Grant, dated and file-stamped October 14, 2021 (three pages including its Automated Certificate of eService, pages 3-5 in the "Designation of Second Supplemental Record on Appeal (Sealed)";
(2) Letter from Public Defender to Court Reporters Debi Harris and Georgina Ware, dated and file-stamped October 20, 2021 (four pages, pages 6-9 in the "Designation of Second Supplemental Record on Appeal (Sealed)";
(3) Signed Order on Motion for Counsel in Criminal Proceedings to View and Obtain Copies of Juvenile Court Clerk's Record dated October 21, 2021 (solo page, page 10 of the "Designation of Second Supplemental Record on Appeal (Sealed)";
(4) Texas Code of Criminal Procedure 39.14 Compliance Statement file-stamped June 28, 2016 in cause number JD-82460-W-304 and signed May 12, 2016 with attachment signed May 12, 2016 entitled "Discovery - Exhibit "A") (two pages, pages 11-12 of the "Designation of Second Supplemental Record on Appeal (Sealed)";
(5) "Memorandum - Addendum" to Judge Alice Rodriguez from Leilani Hinton, Psy.D., dated June 1, 2016, and file-stamped on June 2, 2016 at 1:10 p.m. (solo page, page 13 of the "Designation of Second Supplemental Record on Appeal (Sealed)";
(6) "Memorandum - Addendum" to Judge Alice Rodriguez from Leilani Hinton, Psy.D., dated June 1, 2016, and file-stamped June 2, 2016 at 8:36 a.m. (solo page, page 14 of the "Designation of Second Supplemental Record on Appeal (Sealed)";
(7) "Memorandum" to Judge Andrea Martin from Robert Hambruch regarding No. JD-82460-W-304, dated June 21, 2016 and file-stamped June 21, 2016 at 8:36 a.m. (solo page, page 15 of the "Designation of Second Supplemental Record on Appeal (Sealed)";
(8) Order for Diagnostic Study, Social Evaluation and Investigation in No. JD-82460-W-304, signed on May 31, 2016 (solo page, page 16 of the "Designation of Second Supplemental Record on Appeal (Sealed)";
2
(9) Order of Appointment in No. JD-82460-W-304 signed on May 2, 2016 (solo page, page 17 of the "Designation of Second Supplemental Record on Appeal (Sealed)"; and
(10) Summons to Felicia Favors in No. JD-82460-W-304 issued April 14, 2016 with return signed April 15, 2016 (solo page, page 18 of the "Designation of Second Supplemental Record on Appeal (Sealed)."

We GRANT the parties' November 12, 2021 joint motion to supplement the record with the reporter's record of the juvenile court proceedings. We ORDER juvenile court reporter Martha Grant to transcribe the juvenile court proceedings of May 31, 2016 and June 28, 2016 (and any other relevant dates, if any) and to file them, along with all exhibits admitted, as supplemental reporter's records in this appeal WITHIN TWENTY DAYS OF THE DATE OF THIS ORDER. In the event the reporter's record from the juvenile proceedings is sealed, we ORDER a copy of the sealing order to be "the first document that appears" in the supplemental reporter's record. Tex.R.App.P. 9.10(g).

The State's supplemental brief is DUE thirty days after the supplemental records are filed.

We DIRECT the Clerk to send copies of this order to Dallas County District Clerk Felicia Pitre; to Georgina Ware, official court reporter, 265th Judicial District Court; to acting official court reporter Debi Harris; to Martha Grant, official court reporter, 304th Judicial District Court; and to counsel for all parties. 3


Summaries of

Jones v. State

Court of Appeals of Texas, Fifth District, Dallas
Nov 19, 2021
No. 05-20-00476-CR (Tex. App. Nov. 19, 2021)
Case details for

Jones v. State

Case Details

Full title:JIMMY JONES, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 19, 2021

Citations

No. 05-20-00476-CR (Tex. App. Nov. 19, 2021)