Ex Parte Dennis Chafin ( 2004 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-04-00210-CR

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Ex parte Dennis Chafin

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FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT NO. 03-1510, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING

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O R D E R

PER CURIAM

In this habeas corpus proceeding, Dennis Chafin claims that trial on an indictment pending against him in Hays County is barred by double jeopardy. He appeals from the district court's order denying relief.

As part of the record in this appeal, Chafin requested the preparation of a complete reporter's record from his trial in Hays County cause number CR-00-014. That record has been received and filed, with the exception of the motion for new trial hearing. The court reporter responsible for preparing this portion of the record, Ms. Jennifer Rodriguez, did not respond to this Court's overdue notice.

The missing portion of the reporter's record is already on file in this Court. It was part of the appellate record in our cause number 03-01-00493-CR, in which appellant appealed his conviction in cause number CR-00-014. The Clerk is instructed to refile that portion of the reporter's record in this cause and to send photocopies to counsel for both parties.

Appellant's brief is due ten days from the date of this order, and the State's brief is due ten days thereafter. See Tex. R. App. P. 31.1.

It is ordered October 5, 2004.

Before Chief Justice Law, Justices B. A. Smith and Pemberton

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