Abate, Markos v. State

• Court: Court of Appeals of Texas
• Decided: February 6, 2013
• Docket: 05-11-01324-CR
• Status: Published

Opinion

Order entered February 6, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-01324-CR

MARKOS ABATE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F01-37220-P

ORDER The clerk’s record filed in this appeal contains a number of documents, including the

indictment, the plea agreement, the judicial confession, the Magistrate’s findings, conclusions,

and recommendations, and the judgment adjudicating guilt that appear to be from case number

F01-37219-P. A “20” has been handwritten over the “19” in the case number in these

documents, as well as in a number of other documents contained in the clerk’s record. A review

of the district clerk’s website for case number F01-37220-P, however, indicates there are

documents specific to case number F01-37220-P, including an indictment and a judgment

adjudicating guilt. The documents in the clerk’s record filed in this appeal do not relate to the

offense charged in case number F01-37220-P. We ORDER the district clerk to file within THREE (3) DAYS of the date of this order,

a supplemental clerk’s record containing those documents in the district clerk’s file specifically

relating to case number F01-37220-P.

We DIRECT the clerk of this court to transmit a copy of this order by electronic

transmission to the Honorable Teresa Hawthorne, counsel for the parties, and District Clerk Gary

Fitzsimmons.

/s/ ROBERT M. FILLMORE PRESIDING JUSTICE