Winter Kay Arthur v. State

Opinion

Order entered January 22, 2019

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-00075-CR

WINTER KAY ARTHUR, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2 Kaufman County, Texas

Trial Court Cause No. 16-30605-CC2-M

ORDER

Before the Court is the State of Texas’s motion to extend time to file brief tendered. We

GRANT the motion and ORDER the brief tendered to the Clerk of the Court January 16, 2019 filed as of the date of this order.

We note that by order dated December 12, 2018 we directed appellant to file, no later than December 21, 2018, a certification stating whether she agreed with the State’s position that “part 002” of State’s amended Exhibit 4 was not admitted into evidence or played for the jury and should be stricken. We cautioned that if appellant failed to respond we would abate the appeal to allow the trial court to conduct a hearing as to the accuracy of the exhibit. To date, appellant has not responded. Accordingly, we ORDER the Honorable Bobby Rich, Presiding Judge of Kaufman County Court at Law No. 2, to conduct a hearing to determine whether “part 002” of State’s amended Exhibit 4 was admitted into evidence or played to the jury. Judge Rich shall make written findings of fact and have them filed in a supplemental clerk’s record no later than February 25, 2019.

We DIRECT the Clerk of the Court to send a copy of this order to Judge Rich, Kaufman County Clerk Laura Hughes, and the parties.

We ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated no later than March 4, 2019.

/s/ BILL PEDERSEN, III JUSTICE