Dreseyon Isiah Owens v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 27, 2023
• Docket: 05-22-01052-CR
• Status: Published

Opinion

Order entered January 27, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-01052-CR

DRESEYON ISIAH OWENS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F20-41487

ORDER

Before the Court is appellant’s motion for extension of time to file

appellant’s brief. On December 20, 2022, we struck volume 2 of the “sealed”

clerk’s record because it did not contain a sealing order, and we ordered the Dallas

County District Clerk to file by December 30, 2022, a volume 2 of the clerk’s

record that either was not under seal or that contained the order signed by the trial

court sealing the documents. We also ordered that appellant’s brief would be due

thirty days after volume 2 of the clerk’s record was refiled. As of the date of this order, the Dallas County District Clerk has not refiled volume 2 of the clerk’s

record. Accordingly, appellant’s brief is not yet due, and we DENY appellant’s

motion for extension of time as premature. See TEX. R. APP. P. 38.6(a) (appellant’s

brief due 30 days after the date the clerk’s record or reporter’s record is filed).

The clerk’s record does not contain appellant’s request for the clerk’s record,

so we cannot determine whether appellant requested the items contained in volume

2 of the clerk’s record. Therefore, the Court ORDERS appellant’s counsel to

notify this Court in writing within FOURTEEN DAYS FROM THE DATE OF

THIS ORDER whether the documents contained in volume 2 of the clerk’s record

are necessary to appellant’s appeal. When the Court receives the notification from

appellant’s counsel, the Court will determine whether to pursue proper filing of

volume 2 and set the briefing schedule accordingly. If appellant’s counsel does not

file the required notice within fourteen days, the Court may assume the documents

are not necessary to the appeal, consider the appellate record complete, and order

appellant’s brief filed.

We DIRECT the Clerk to send copies of this order to Felicia Pitre, Dallas

County District Clerk; and to counsel for all parties.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE