John B. Kennedy v. State

• Court: Court of Appeals of Texas
• Decided: January 14, 2014
• Docket: 01-12-01142-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: John B. Kennedy v. The State of Texas

Appellate case number: 01-12-01142-CV

Trial court case number: 1237940

Trial court: 178th District Court of Harris County

On July 18, 2013, appellant, John B. Kennedy, filed an affidavit of indigence in this court in the above-referenced matter. See TEX. R. APP. P. 20.1(a)(2). On July 24, 2013, the Clerk of this Court sent a copy of the affidavit to the trial court clerk. See TEX. R. APP. P. 20.1(c)(1), (d)(2). On January 2, 2014, the district clerk filed a clerk’s record on indigence, reflecting that no contest to the affidavit of indigence was filed. See TEX. R. APP. P. 20.1(e). Therefore the allegations in the affidavit are deemed true, and appellant is entitled to proceed without advance payment of costs. See TEX. R. APP. P. 20.1(f). The Clerk of this Court is ORDERED to make an entry in this Court’s records that appellant is indigent and is allowed to proceed on appeal without advance payment of costs. It is further ORDERED that the court reporter file with this Court, within 30 days of the date of this order and at no cost to appellant, the reporter’s record. See TEX. R. APP. P. 20.1(k). Because the clerk’s record has already been filed in this case, Appellant’s brief is ORDERED filed with this Court within 30 days after the date the reporter’s record is filed. See TEX. R. APP. P. 38.6(a). Appellee’s brief, if any, must be filed within 30 days after the date the appellant’s brief is filed. See TEX. R. APP. P. 38.6(b).

Judge’s signature: /s/ Laura C. Higley  Acting individually  Acting for the Court

Date: January 14, 2014