Tommy Earl Hutchins v. State

Court of Criminal Appeals of Texas December 18, 2017

Opinion

FILED IN 14th COURT OF APPEALS HOUSTON Ti=XAS Appeal No. 14-17-00868-CR DEC 18 2017 TOMMY E. HUTCHINS IN THE Appellant CHRISTOPHER A. PR1NE v. 14TH COURT OF APPEALS CLERK THE STATE OF TEXAS Appellee HARRIS COUNTY, TE

MOTION FOR ORDER DIRECTING CLERK TO PROVIDE APPELLANT WITH FREE COPY OF CLERK'S RECORD WITH TRANSCRIPTS

TO THE HONORABLE COURT OF APPEALS:

Come now, the Appellant pursuant to Rule 20.1(c)(1) of the Texas Rules

of Appellate Procedure, and §13.003 of the Texas Civil Practice & Remedy

Codes, moves the Court for order directing clerk to provide appellant with

free copy of the clerk's record with transcripts for reasons as follows:

STATEMENT OF FACTS

Appellant appeals the final judgment entered on CCJ. PO~ , 2017. Notice Of Appeal, and Affidavit/Statement Of Inability To Afford Payment Of Court Cost Or Appeal Bond and Request/Motion For Preparation/Free qopy Of Clerk's Record With Transcript was mailed to the district clerk on Q&f IQ , 2017. No contest to Affidavit/Statement Of Inability To Afford Payment Of Court Cost Or Appeal Bond has been filed by any opposing party or court officials. The MTH Court of Appeals received and filed the Notice of Appeal on mJ&WJgfc lo j 2017. On November 15, 2017 the clerk's record was received and filed in the 14TH Court of Appeals. To date the district clerk has failed to provide appellant with free copy of the clerk's record with transcript. Appellant is unable to prepare the appellant's brief and perfect this appeal until he is provided with free copy of the clerk's record. Therefore, an order is needed directing clerk to provide appellant with free copy of clerk's record with transcripts.

II. ARGUMENT AND AUTHORITIES

This court has the authority to order the clerk to provide appellant

-1- with free copy of the clerk's record with transcripts based on Rule 20.1(c)(1)

[TRAP] and §13.003 of the Tex. Civ. Prac. & Rem. Codes. Appellant's brief

cannot be filed until appellant is provided with frescopy of the clerk's

record with transcript.

III. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, appellant pray the Court grant this motion

based on the facts herein and the authorities applicable. so SIGNED this <-> _ day of November, 2017.

Respectfully ,yg?

Tommy E.^utchins TDCJ ID #1853351 Robertson Unit 12071 FM 3522 Abilene, TX 79601

IV. VERIFICATION

I have read the foregoing Motion For Order Directing Clerk To Provide

Appellant With Free Copy Of Clerk's Record With Transcript swear under penalty

of perjury the facts within is true and correct pursuant to Title 6 of the

Tex. Civ. P. & Rem. Code §132.001 signed this pV day of November, 2017.

Tommy E. Hutchins TDCJ ID #1853351 Robertson Unit 12071 FM 3522 Abilene, TX 79601

-2- CERTIFICATE OF CONFERENCE

Tommy E. Hutchins certify that he is unable to confer with Appellee before

the filing of MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF; and

MOTION FOR ORDER DIRECTING CLERK TO PROVIDE APPELLANT WITH FREE COPY OF CLERK'S

RECORD WITH TRANSCRIPT because he is a prisoner of Texas housed at the Rober

tson Unit in Abilene, Texas. However, Appellee is provided with copy of said

motions.

SIGNED this 3D day of November, 2017.

Tommy E .^Hutchins TDCJ ID #1853351 Robertson Unit 12071 FM 3522 Abilene, TX 79601

CERTIFICATE OF SERVICE

Tommy E. Hutchins certify that on the day of November, 2017 he mailed

copy of MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF; and MOTION

FOR ORDER DIRECTING CLERK TO PROVIDE APPELLANT WITH FREE COPY OF CLERK'S

RECORD WITH TRANSCRIPTS; and CERTIFICATE OF CONFERENCE to: Eric Kugler, Assi

stant District Attorney 1201 Franklin Suite 600 Houston, TX 77002-1923 by

placing same in mailbox at the Robertson Unit.

Tommy E. Hutchins TDCJ ID #1853351 Robertson Unit 12071 FM 3522 Abilene, TX 79601 Christopher A. Prine, Clerk 14TH Court of Appeals 301 Fannin, Suite 245 FILED IN Houston, TX 77002 14th COURT OF APPEALS HOUSTCM, 'rcXAS

DATE: //-d?^c2^A? DEC 18 2017 RE: Court of Appeals No. 14-17-O0868-CR Trial Court Case No. 1337442 CHRISTOPHER A. PRINE CLERK

TOMMY EARL HUTCHINS v. THE STATE OF TEXAS

Mr. Prine:

Enclosed for filing is MOTION FOR EXTENSION OF TIME Ta-TTtirT^iElLANT''s'' BRIEF; and APPELLANT'S MOTION FOR ORDER DIRECTING CLERK TO PROVIDE APPELLANT WITH FREE COPY OF CLERK"S RECORD WITH TRANSCRIPTS; and CERTIFICATE OF CON FERENCE; and CERTIFICATE OF SERVICE.

Please bring the matter herein to the attention of the Court. Thank you.

Sincerely