Juan Ruben Sanchez Cerda v. State

Opinion

The State of TexasAppellee/s

Fourth Court of Appeals

San Antonio, Texas

June 23, 2015

No. 04-15-00344-CR

Juan Ruben Sanchez CERDA, Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 229th Judicial District Court, Starr County, Texas Trial Court No. 14-CRS-372 Honorable J.R. "Bobby" Flores, Judge Presiding

ORDER

The District Clerk of Starr County has filed a notification of late record, stating that the record has not been filed because “Attorney has not filed the Designation of Clerk’s Record.”

Appellant is not required to file a request for or designation of materials to be included in the clerk’s record. See TEX. R. APP. P. 35.3(a); 34.5(a), (b). The filing of the notice of appeal and the trial court’s certification of right of appeal trigger the clerk’s duty to prepare, certify and file the clerk’s record in a criminal case, as long as appellant has either established his inability to proceed without paying costs or made satisfactory arrangements to pay the clerk’s fee. See TEX. R. APP. P. 35.3(a).

We therefore order the Starr County District Clerk to immediately file the clerk’s record.

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of June, 2015.

___________________________________

Keith E. Hottle Clerk of Court