Opinion
No. 05-16-01069-CR
04-27-2017
KERRY C. SMITH, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause No. F14-39292-Q
ORDER
On March 28, 2017, appellant filed a motion to extend time to file his brief and a motion to abate the appeal. In the motion to abate, appellant noted that the clerk's record did not contain a copy of the jury charge on guilt/innocence as required by rule 34.5(a). TEX. R. APP. P. 34.5(a). On April 5, 2017, we granted the motions, in part, and ordered the district clerk to file a supplemental clerk's record containing the charge of the court on guilt/innocence within seven days. On April 12, 2017, the district clerk notified the Court that she had not yet filed the supplemental record because she did not have a copy of the jury charge. She further stated she had requested the jury charge on guilt/innocence from the court reporter but had not received it. To date, no supplemental clerk's record has been filed.
We therefore ORDER court reporter Kendra Thibodeaux to provide a copy of the jury charge on guilt/innocence to Dallas County District Clerk Felicia Pitre within FIVE DAYS of the date of this order. We ORDER Dallas County District Clerk Felicia Pitre to, in turn, file a supplemental clerk's record containing the copy of the jury charge on guilt/innocence on or before May 8, 2017.
In the event court reporter Kendra Thibodeaux does not have a copy of the jury charge on guilt/innocence, we ORDER her to notify this Court in writing within FIVE DAYS of the date of this order that she does not have said copy.
/s/ ADA BROWN
JUSTICE