Keith William Dutson, Jr. v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00166-CV

Keith William Dutson, Jr., Appellant v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF SCHLEICHER COUNTY, 51ST JUDICIAL DISTRICT NO. 1004, HONORABLE BARBARA L. WALTHER, JUDGE PRESIDING

MEMORANDUM OPINION

On January 24, 2011, the Court received a copy of Keith William Dutson’s notice of appeal from his conviction for sexual assault of a child. The appeal was docketed as cause number 03-11-00039-CR. On March 17, 2011, the Court received a copy of Dutson’s notice of appeal from the trial court’s order denying his request for a free appellate record. This document should have been filed as part of the criminal appeal, but it was instead erroneously docketed as a separate appeal under cause number 03-11-00166-CV.

Cause number 03-11-00166-CV is dismissed. The clerk’s record and all other documents filed under that cause number shall be transferred to and filed in cause number 03-11-00039-CR, where the reporter’s record from the indigency hearing has already been

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filed. Dutson’s appeal of his conviction, including the issue of his entitlement to a free record, shall continue as cause number 03-11-00039-CR.

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Melissa Goodwin, Justice

Before Chief Justice Jones, Justices Henson and Goodwin Dismissed Filed: May 3, 2011