Joe Dale Bond v. State of Texas

• Court: Court of Appeals of Texas
• Decided: August 31, 2012
• Docket: 11-10-00370-CV
• Status: Published

Opinion

Order filed August 31, 2012

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00370-CV

                                      JOE DALE BOND, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 39th District Court

                                                           Haskell County, Texas

                                                       Trial Court Cause No. 5855

                                                                     O R D E R

            This is an appeal from an order denying Joe Dale Bond’s contest of an order to withdraw funds issued pursuant to Section 501.014(e) of the Texas Government Code.[1]  Upon reviewing the appellate record after submission, it appears that the judgment and bill of costs from the underlying criminal conviction are not contained in the clerk’s record.  Without these documents, this court is unable to adequately determine the trial court’s methodology for calculating the amount of $6,643 in assessed “court costs, fees and/or fines and/or restitution” referenced in the order to withdraw funds.  Therefore, we abate this appeal to give the district clerk an opportunity to file a supplemental clerk’s record containing the supporting documents.

            The district clerk is directed to prepare and file in this court a supplemental clerk’s record containing the judgment, the bill of costs, and any other documents in the clerk’s file that reflect the assessed “court costs, fees and/or fines and/or restitution” referenced in the order to withdraw funds.  This appeal will be reinstated upon receipt of the supplemental record, which is now due for filing in this court on or before September 17, 2012. 

            The appeal is abated.

                                                                                                PER CURIAM

August 31, 2012

Panel consists of: Wright, C.J.,

McCall, J., and Kalenak, J.

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                [1]Tex. Gov’t Code Ann. § 501.014(e) (West 2012).