Gary Wayne Barnes Sr. v. State

Opinion

Order entered May 12, 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00006-CR

No. 05-15-00007-CR

No. 05-15-00008-CR

No. 05-15-00009-CR

GARY WAYNE BARNES SR., Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3 Dallas County, Texas

Trial Court Causes No. F80-16530-J, F81-01027-J, F81-01105-J, F81-02518-J

ORDER

The Court has received the parties’ briefs addressing our jurisdiction, and will defer the

jurisdictional issues to the submission panel.

It is not clear from the documents before the Court that the trial court has prepared certifications of appellant’s right to appeal. Accordingly, we ORDER the trial court to prepare certifications of appellant’s right to appeal for inclusion in the clerk’s records in these appeals related to appellant’s motions for post-conviction DNA testing.

We ORDER the Dallas County District Clerk to file the clerk’s records in these appeals within THIRTY DAYS of the date of this order.

We ORDER Kimberly Xavier, official court reporter of the Criminal District Court No.

3, to file, within THIRTY DAYS of the date of this order, either the reporter’s record of the hearings conducted on appellant’s motion for post-conviction DNA testing or written verification that no hearings were recorded.

We DIRECT the Clerk to send copies of this order to the Honorable Gracie Lewis, Presiding Judge, Criminal District Court No. 3; Kimberly Xavier, official court reporter, Criminal District Court No. 3; Felicia Pitre, Dallas County District Clerk; and to counsel for all parties.

/s/ ADA BROWN

JUSTICE