Winzer, Henry Andre

Opinion

PD-1174-15

PD-1174-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 11/5/2015 1:14:16 PM Accepted 11/5/2015 1:49:20 PM IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA CLERK

FOR THE STATE OF TEXAS

AUSTIN, TEXAS

HENRY ANDRE WINZER § November 5, 2015 §

V. § NO. PD-1174-15 §

STATE OF TEXAS §

APPELLANT’S REPLY TO STATE’S RESPONSE TO APPELLANT’S

PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES Appellant, HENRY ANDRE WINZER, and submits this Reply to

State’s Response to Appellant’s Petition for Discretionary Review and would shows the

following:

The states contends that, “appellant failed to request that the questionnaires and

strike lists be included in this record.” (State’s Response, p. 7). However, a simple review

of the clerk’s record in this case shows otherwise. In his Designation of Record, Appellant

requested that the record include,

“15. All juror information sheets and information on peremptory strikes.” (CR:101).

When the appellate record was filed, these documents were inexplicably absent.

When Appellant’s counsel discovered that the clerk had not complied with the designation

request, he filed “Appellant’s Motion to Supplement Appellate Record,” requesting that the

record be supplemented with these items. Nevertheless, on August 17, 2015, the Court

of Appeals entered a succinct order stating, “We deny appellant’s May 19, 2015, motion

to supplement appellate record.” No explanation is provided.

Appellant’s Reply to State’s Response to Appellant’s Petition for Discretionary Review - Page 1

Obviously, the Court of Appeals did not find these items necessary to reach its

decision. Appellant urges this court to grant this Petition for Discretionary Review to

address this highly important and very timely issue and decline the state’s invitation to

misread and misunderstand the appellate record.

Respectfully submitted,

/s/ Gary A. Udashen

GARY A. UDASHEN Bar Card No. 20369590

SORRELS, UDASHEN & ANTON 2311 Cedar Springs Road Suite 250 Dallas, Texas 75201 214-468-8100 214-468-8104 fax

Attorney for Appellant

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the foregoing Appellant’s Reply to State’s Response to Appellant’s Petition for Discretionary Review was electronically delivered to the Kaufman County District Attorney’s Office, on this the 5th day of November, 2015.

/s/ Gary A. Udashen GARY A. UDASHEN

Appellant’s Reply to State’s Response to Appellant’s Petition for Discretionary Review - Page 2