Damion Gentry v. State ( 2015 )

ACCEPTED
01-14-00336-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/6/2015 12:28:52 PM
CHRISTOPHER PRINE
CLERK
NOS. 01-14-00335-CR & 01-14-00336-CR
DAMION GENTRY § IN THE FIRST DISTRICT
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
VS. § COURT OF7/6/2015
APPEALS 12:28:52 PM
CHRISTOPHER A. PRINE
Clerk
THE STATE OF TEXAS § HOUSTON, TEXAS
STATE’S MOTION TO ORDER THE COURT REPORTER
FOR THE CERTIFICATION HEARING TO FILE THE RECORD
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
The State’s brief is due on Friday, July 10, 2015, on an extended deadline, no
further extensions.
On June 9, 2015, the State noticed that Appellant’s first point of error asserted
factual insufficiency in support of the certification order, but that the record of the
certification hearing had not been filed with the Court. The State obtained a copy of
the reporter’s record for the lengthy certification hearing from Appellant’s attorney,
and asked that the record be filed with this Court. This copy does not have an
Exhibits Volume or a copy of the exhibits admitted during the certification hearing
at the end of each volume.
To date, the reporter’s record of the certification hearing has not been filed with
this Court. Appellant’s counsel has informed the undersigned assistant district
attorney that he has been in communication with Gail Rolen, Texas CSR 8933, and
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will follow up with her. The undersigned assistant district attorney has also left a
message at the phone number in Ms. Rolen’s signature block, attached hereto.
As the reporter’s record of the certification hearing has been prepared, it simply
needs to be transmitted to this Court. The exhibit volume, however, may still need
to be prepared as it was not forwarded by appellate counsel to the State.
WHEREFORE, PREMISES CONSIDERED. the State asks this Court to issue
an order to Gail Rolen, Texas CSR 8933 to file the reporter’s record of the
certification hearing on or before Thursday, July 9, 2015.
Respectfully submitted,
John F. Healey, Jr.
SBOT # 09328300
District Attorney, 268th Judicial District
Fort Bend County, Texas
/s/ Gail Kikawa McConnell
Gail Kikawa McConnell
SBOT # 11395400
Assistant District Attorney
301 Jackson Street, Room 101
Fort Bend County, Texas 77469
(281) 238-3205 / (281) 238-3340 (fax)
Gail.McConnell@fortbendcountytx.gov
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing State's motion was served on July
6, 2015, through the electronic filing manager or by email on Mr. Michael Diaz,
Attorney for Appellant, .
/s/ Gail Kikawa McConnell
Gail Kikawa McConnell
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