Ex Parte: Stephen Matthew Polito

Court of Appeals of Texas·Decided April 7, 2016·No. 05-16-00396-CR·Published

Opinion

Order entered April 7, 2016

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-16-00396-CR

EX PARTE STEPHEN MATTHEW POLITO

On Appeal from the 219th Judicial District Court Collin County, Texas

Trial Court Cause No. 219-80376-2012

ORDER

The Court is in receipt of appellant’s notice of appeal from the trial court’s order denying

him the relief sought by his article 11.072 application for writ of habeas corpus. This is an accelerated appeal and is governed by Texas Rule of Appellate Procedure 31.

We ORDER the trial court to prepare a certification of appellant’s right to appeal and to file it within TEN DAYS of the date of this order. See TEX. R. APP. P. 25.2(a), (d); Cortez v. State, 420 S.W.3d 803 (Tex. Crim. App. 2013).

We ORDER the Collin County District Clerk to file the clerk’s record by April 22, 2016.

We ORDER the court reporter to file, by April 22, 2016, either the reporter’s record or written verification that no hearing was conducted.

We ORDER appellant to file his brief by May 13, 2016. We ORDER the State to file its brief by June 3, 2016. After the record and briefs have been filed, the Court will notify the parties of the submission date and panel.

We DIRECT the Clerk to send copies of this order to the Honorable Scott Becker, Presiding Judge, 219th Judicial District Court; Indu Bailey, official court reporter, 219th Judicial District Court; Yoon Kim, Collin County District Clerk; and counsel for all parties.

/s/ ADA BROWN

JUSTICE

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Related

Cortez, Damien Hernandez
420 S.W.3d 803 (Court of Criminal Appeals of Texas, 2013)