Robert Dillard v. State

Court of Appeals of Texas·Decided June 1, 2015·No. 05-15-00488-CR·Published

Opinion

Order entered June 1, 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00488-CR

EX PARTE ROBERT DILLARD

On Appeal from the 282nd Judicial District Court Dallas County, Texas

Trial Court Cause No. F12-28264-S

ORDER

The record in this case shows that, following a hearing on appellant’s pretrial application

for writ of habeas corpus on April 13, 2015, the trial court orally denied appellant’s requested relief. The clerk’s record, however, does not contain the trial court’s written order denying the relief.

Accordingly, this Court ORDERS the trial court to sign, within SEVEN DAYS of the date of this order, a written order reflecting the April 13, 2015 ruling on appellant’s application for writ of habeas corpus.

We ORDER the Dallas County District Clerk to file, within FIFTEEN DAYS of the date of this order, a supplemental clerk’s record that contains the written order denying the pretrial application for writ of habeas corpus.

Additionally, we note that appellant is charged by indictment with solicitation of a minor under section 15.031(b) of the Texas Penal Code. Nevertheless, his brief identifies the complaining witness by her full name. Accordingly, we STRIKE appellant’s brief and order it redrawn to use only the child’s initials. We ORDER appellant to file his amended brief within FIVE DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order to the Honorable Amber Givens-

Davis, Presiding Judge, 282nd Judicial District Court; Felicia Pitre, Dallas County District Clerk; and to counsel for all parties.

/s/ ROBERT M. FILLMORE PRESIDING JUSTICE

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