Crae Robert Pease v. State

• Court: Court of Appeals of Texas
• Decided: July 18, 2006
• Docket: 07-06-00159-CR
• Status: Published

Opinion

NO. 07-06-0159-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

JULY 18, 2006

______________________________

CRAE ROBERT PEASE,

Appellant

v.

THE STATE OF TEXAS,

Appellee

_________________________________

FROM THE COUNTY COURT AT LAW NO. 7 OF TRAVIS COUNTY;

NO. 683894; HON. WILLIAM E. BENDER, PRESIDING _______________________________ Order on Sealed Records ________________________________

Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

Crae Robert Pease (appellant) appealed his conviction and his appellate brief is late. However, it has been discovered that the trial court entered an order limiting access to the record in this cause. Given that an appeal in this cause has been perfected and this court has plenary jurisdiction over the record, we modify the trial court's order dated June 1, 2006, limiting access to the record developed in Cause No. 683,894 filed with the Travis County Clerk. That portion of the June 1st order sealing the record in Cause No. 683,894, filed with the Travis County Clerk is reversed, vacated or otherwise rendered null and void. The record is to be available for use by the litigants and their counsel of record per the Texas Rules of Appellate Procedure and without any limitation imposed by the June 1, 2006 trial court order.

Finally, the deadline by which appellant must file his appellant's brief is extended to August 18, 2006. David M. Gonzalez, S.B.N. 24012711, is ordered to draft said brief in a manner conforming with the Texas Rules of Appellate Procedure and file same in a manner assuring its receipt by the clerk of this court no later than 5:00 p.m., August 18, 2006. There will be no extension of this deadline, and his failure to comply with this order will result in the initiation of disciplinary procedures with the State Bar of Texas and contempt proceedings.

It is so ordered.

Per Curiam

Do not publish.

t and conclusions of law and all orders it may issue as a result of its hearing in this matter, and 3) cause to be developed a reporter's record transcribing the evidence and arguments presented at the aforementioned hearing. Additionally, the district court shall then file the supplemental record and reporter's record transcribing the hearing with the clerk of this court on or before November 10, 2005. Should further time be needed by the trial court to perform these tasks, then same must be requested before November 10, 2005.