Court of Civil Appeals of Texas, 2013

Ellis Edward James v. State

Ellis Edward James v. State
Court of Civil Appeals of Texas · Decided August 2, 2013

Ellis Edward James v. State

Opinion

Order entered August 2, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01642-CR No. 05-12-01643-CR ELLIS EDWARD JAMES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause Nos. F12-16679-Y, F12-16678-Y ORDER The Court REINSTATES the appeals.

On July 8, 2013, we ordered the trial court to make findings regarding why appellant’s brief had not been filed. On July 31, 2013, we received appellant’s brief, together with an extension motion. Therefore, in the interest of expediting the appeals, we VACATE the July 8, 2013 order requiring findings.

We GRANT the July 31, 2013 extension motion and ORDER appellant’s brief filed as of the date of this order.

In his brief, appellant raises issues related to the costs assessed against him. The records, however, do not contain cost bills or other documents with itemized lists of the costs assessed in these cases.

Accordingly, we ORDER the Dallas County District Clerk to file, within FIFTEEN DAYS of the date of this order, supplemental clerk’s records containing detailed itemizations of the costs assessed in these cases, including but not limited to, specific court costs, fees, and court appointed attorney fees. In accordance with Texas Code of Criminal Procedure article 103.001, the cost bills shall be signed by the officer who charged the cost or the officer who is entitled to receive payment for the cost. We further ORDER that the supplemental clerk’s records include documents explaining any and all abbreviations used to designate a particular fee, cost, or court appointed attorney fee.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to Gary Fitzsimmons, Dallas County District Clerk; Dallas County District Clerk’s Office, Criminal Records Division; and to counsel for all parties.

/s/ DAVID EVANS JUSTICE

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