Opinion
No. 05-16-01069-CR
05-12-2017
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
Before the Court is appellant's May 8, 2017 third motion for extension of time to file his brief. In his motion, appellant requests an extension because the clerk's record is incomplete in that it does not contain a copy of the jury charge on guilt/innocence in this case.
By order entered April 5, 2017, the Court ordered the district clerk to file a supplemental clerk's record containing the charge. On April 12, 2017, the district clerk notified the Court that she had not yet filed the supplemental clerk's record because she did not have a copy of the charge, and she had requested a copy of the charge from the court reporter.
By order entered April 27, 2017, the Court ordered Official Court Reporter Kendra Thibodeaux to either provide a copy of the charge to the district clerk or else notify the Court in writing that she does not have a copy of the charge. In turn, the district clerk was ordered to file a supplemental record containing a copy of the charge on or before May 8, 2017. To date, the Court has received neither a supplemental clerk's record nor written notice from Thibodeaux.
We ORDER Kendra Thibodeaux to, within SEVEN DAYS of the date of this order, transmit a copy of the jury charge on guilt/innocence to Dallas County District Clerk Felicia Pitre and provide the Court with written verification that either she has complied with this order or cannot comply because she does not have a copy of the charge. In the event Thibodeaux has already provided a copy of the charge to the district clerk, her written verification stating that she has already provided a copy of the charge to the district clerk shall serve as her compliance with this order. In the event Thibodeaux fails to comply with this order, we will order that she not sit as a court reporter until she has provided the charge and the written verification as ordered.
We ORDER Dallas County District Clerk Felicia Pitre to file a supplemental clerk's record containing a copy of the jury charge on guilt/innocence within FOURTEEN DAYS of the date of this order.
We GRANT appellant's third motion to extend the time to file his brief and EXTEND the time to file his brief to THIRTY DAYS from the date of this order.
We DIRECT the Clerk of the Court to transmit a copy of this order to the Honorable Tammy Kemp, Presiding Judge, 204th Judicial District Court; Kendra L. Thibodeaux, Official Court Reporter, 204th Judicial District Court; Felicia Pitre, Dallas County District Clerk; and counsel for the parties.
/s/ ADA BROWN
JUSTICE