Patrick Douglas Johnson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 11, 2023
• Docket: 05-22-00294-CR
• Status: Published

Opinion

Order entered January 11, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00294-CR

PATRICK DOUGLAS JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F18-76856-J

ORDER

Before the Court is appellant’s motion to supplement the clerk’s record with

the “Statement of “Presentment” of the motion for new trial signed by the trial

court on May 9, 2022. The clerk’s record contains a copy of the motion for new

trial, but the “Statement of Presentment” on page 5 of the motion is unsigned.

Accordingly, we ORDER Felicia Pitre, Dallas County District Clerk, to file on or

before January 25, 2023, a supplemental clerk’s record containing appellant’s motion for new trial including the “Statement of Presentment” signed by the trial

court on May 9, 2022.

Also before the Court is appellant’s motion to supplement the reporter’s

record. Appellant requests that the record be supplemented with the transcription

of the voir dire proceedings conducted in December 2021. Appellant also requests

that the record be supplemented with the transcripts of pretrial hearings conducted

on October 4, 2019, January 7, 2019, November 12, 2019, November 15, 2019,

February 28, 2020, July 10, 2020, August 24, 2020, October 23, 2020, November

2, 2020, February 15, 2021, “or any other date.” Appellant points out that two

judges have presided over the case, Judge Gracie Lewis and Judge Audra Riley.

Accordingly, we ORDER Kimberly R. Xavier, Official Court Reporter, Criminal

District Court No. 3, to file within THIRTY DAYS of the date of this order a

supplemental reporter’s record containing transcriptions of any pretrial hearings

not already included in the reporter’s record filed October 7, 2022, and any voir

dire proceedings conducted in December 2021. If there were no other pretrial

hearings reported or if no voir dire proceeding was reported in December 2021,

then Ms. Xavier shall file a written statement to that effect. We DIRECT the Clerk to send copies of this order to Kimberly R. Xavier,

Official Court Reporter, Criminal District Court No. 3, and to counsel for all

parties.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE