Simeon Deshon Staten v. State

• Court: Court of Appeals of Texas
• Decided: July 17, 2014
• Docket: 14-13-01041-CR
• Status: Published

Opinion

Order filed July 17, 2014

In The

Fourteenth Court of Appeals ____________

NO. 14-13-01041-CR ____________

SIMEON DESHON STATEN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court Harris County, Texas Trial Court Cause No. 1374615

ORDER

The clerk’s record was filed December 10, 2013. Appellant has filed a motion to extend time to file his brief that asserts relevant items have been omitted from the clerk's record. See Tex. R. App. P. 34.5(c). The record does not contain (1) the trial court’s charge to the jury for the guilt/innocence phase of the trial; and (2) the jury’s verdict on guilt/innocence. Appellant’s motion states that in answer to an attempt to supplement the record on appeal, he was informed the items are under seal. However, the clerk’s record contains no sealing order. The Harris County District Clerk is directed to file a supplemental clerk’s record on or before July 28, 2014, containing (1) the trial court’s charge to the jury for the guilt/innocence phase of the trial and (2) the jury’s verdict on guilt/innocence.

If the omitted items were sealed in the trial court, the Harris County District Clerk is directed to file (1) the sealing order; and (2) the supplemental clerk’s record under seal.

If an omitted item is not part of the case file, the district clerk is directed to file a supplemental clerk’s record containing a certified statement that the omitted item is not a part of the case file.

PER CURIAM