Phillips, Jarrod Deray

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-92,072-04

EX PARTE JARROD DERAY PHILLIPS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 114-0953-14-B IN THE 114TH DISTRICT COURT FROM SMITH COUNTY

Per curiam.

ORDER

Applicant filed this application for a writ of habeas corpus in the county of conviction, and

the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07. Under Article

11.07 of the Texas Code of Criminal Procedure, a district clerk is required to forward to this Court,

among other things, “the application, any answers filed, any motions filed, transcripts of all

depositions and hearings, any affidavits, and any other matters such as official records used by the

court in resolving issues of fact.” Id. at § 3(d); see also TEX . R. APP . P. 73.4(b)(4). The record

forwarded to this Court appears, however, to be incomplete. Applicant’s memorandum of law and

affidavit from Tishunta Waddle are referred to in the trial court’s findings of fact and conclusions

of law but the documents are not in the record. 2

The district clerk shall either forward to this Court the missing documents or certify in

writing that these documents are not part of the record. The district clerk shall comply with this

order within thirty days from the date of this order.

Filed: February 13, 2023 Do not publish