Steven P. Cherry v. State

• Court: Court of Appeals of Texas
• Decided: June 27, 2018
• Docket: 04-18-00363-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas June 27, 2018

No. 04-18-00363-CR

Steven P. CHERRY, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR6408 Honorable Sid L. Harle, Judge Presiding

ORDER On June 6, 2018, this court ordered counsel for appellant to show cause why this appeal should not be dismissed for want of jurisdiction. Appellant’s counsel filed a timely response on June 21, 2018, stating the Court of Criminal Appeals has granted appellant habeas relief to file an out-of-time appeal. To support the response’s allegations regarding this court’s jurisdiction, appellant also filed a motion to supplement the clerk’s record. Although the motion to supplement the clerk’s record contains a list of filings to be included in a supplemental clerk’s record, the motion does not indicate whether appellant served the trial court clerk with a copy of the motion.

We grant appellant’s motion to supplement the clerk’s record and order the trial court clerk, Bexar County District Clerk Donna Kay McKinney, to file a supplemental clerk’s record containing the requested filings by July 20, 2018. We further order the clerk of this court, when notifying the parties and the district court clerk of this order, to send the trial court clerk a copy of appellant’s motion to supplement the record, which motion contains the filings to be included in the supplemental clerk’s record.

_________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of June, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court