Susan Donnell v. State

• Court: Court of Appeals of Texas
• Decided: October 31, 2018
• Docket: 04-18-00472-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas October 31, 2018

No. 04-18-00472-CR

Susan DONNELL, Appellant

v.

The STATE of Texas, Appellee

From the 81st Judicial District Court, Wilson County, Texas Trial Court No. 17-09-238-CRW Honorable Russell Wilson, Judge Presiding

ORDER

Appellant’s brief was due October 26, 2018. On that day, appellant filed a “Motion to Extend Briefing Deadline Pending Supplementation or Correction of Appellate Record.” In her motion, appellant requests an extension to file her brief, advising this court that the clerk’s record is incomplete. According to appellant, the clerk’s record does not contain “a copy of Appellant’s motion to suppress, the written order denying Appellant’s motion to suppress, and any findings of fact made by the trial court.” A review of the clerk’s record, which was filed on September 4, 2018, confirms these items are missing.

Accordingly, we ORDER the Wilson County district clerk to file a supplemental clerk’s record in this court on or before November 30, 2018 with a copy of the motion to suppress, order denying the motion to suppress, and findings of fact, if any. We further GRANT appellant’s motion requesting an extension of time and ORDER appellant to file her brief in this court on or before thirty days after the date the supplemental clerk’s record is filed in this court.

We order the clerk of this court to serve a copy of this order on all counsel and the Wilson County District Clerk.

_________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of October, 2018.

___________________________________ Keith E. Hottle Clerk of Court