Court of Appeals of Texas, 2021

Ex Parte Hamzeh H. Sharan

Court of Appeals of Texas · Decided March 16, 2021

Opinion

Order filed March 16, 2021

In the

Fourteenth Court of Appeals ____________

NO. 14-19-00562-CR ____________

EX PARTE HAMZEH H. SHARAN, Appellant

On Appeal from the County Court at Law No. 4 Fort Bend County, Texas

Trial Court Cause No. 17-CCR-191690 ORDER

The clerk’s record was filed July 26, 2019. We determine that mandatory items have been omitted from the clerk’s record. See Tex. R. App. P. 34.5(a), (c).

Appellant’s designation requests the following documents: 10. Motion to Vacate Conviction filed February 14, 2019 12. Order on Motion to Set Aside Verdict, denying motion, signed February 22, 2019 (bearing file stamp dates of 03/18/2019 and 2/27/19)

These designations describe documents that the clerk’s record “must include.” Tex. R. App. P. 34.5(a) (emphasis added). Specifically, the clerk’s record must include “any request for findings of fact and conclusions of law, any post-judgment motion, and the court’s order on the motion.” Tex. R. App. P. 34.5(a)(6) (emphasis added).1 By their descriptions, the documents in requests 10 and 12 appear to be a post-judgment motion and an order on a post-judgment motion. These documents are accordingly required to be included in the clerk’s record.2

Accordingly, the Fort Bend County Clerk is directed to prepare, certify, and file a supplemental clerk’s record on or before March 30, 2021, containing (1) a motion to vacate conviction filed in February 2019 and (2) the trial court’s order, filed in February or March 2019, on a motion to set aside the verdict, or documents otherwise matching any of the following descriptions: Motion to Vacate Conviction filed February 14, 2019 ORDER ON MOTION TO SET ASIDE VERDICT (DENIED 2/22/19) [filed] 2/27/19

Order on Motion to Set Aside Verdict, denying motion, signed February 22, 2019 (bearing file stamp dates of 03/18/2019 and 2/27/19)

If an omitted item is not part of the case file, the district clerk is directed to prepare, certify, and file a supplemental clerk’s record containing a statement that the omitted item is not a part of the case file.

PER CURIAM

Panel consists of Justices Jewell, Spain, and Wilson.

1 See also Tex. R. App. P. 34.5(a)(13) (clerk’s record “must” contain filing that party requests be included in clerk’s record). 2 With regard to request number 12, we note that the clerk’s record includes the following entry: 20. ORDER ON MOTION TO SET ASIDE VERDICT (DENIED 2/22/19) ............ 2/27/19 ................ 50 We understand that entry to refer to an order dated February 22, 2019, filed on February 27, 2019, and included at page 50 of the clerk’s record, a description which matches the description of request number 12. Page 50 of the clerk’s record, however, shows an order dated February 27, 2018—one year earlier—that is not an order on a motion to set aside the verdict. While there is a supplemental clerk’s record also on file, it does not contain the document in question.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.