Matthew James Farrell v. State ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00088-CR
Matthew James Farrell, Appellant
v.
The State of Texas, Appellee
FROM THE 433RD DISTRICT COURT OF COMAL COUNTY
NO. CR2015-006, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
Matthew James Farrell seeks to appeal the district court’s order concluding that it
lacked jurisdiction to grant Farrell’s requested judicial-clemency relief in his “Motion to Set
Aside Conviction and Dismiss Charges.” See Tex. Code Crim. Proc. art. 42A.701(f). However,
the clerk’s record does not contain the necessary standardized form that judges “must use” when
discharging a defendant under article 42A.701. See id. art. 42A.701(f-1) (“A judge discharging a
defendant under this article must use the form adopted under this subsection.”).1
1
The Office of Court Administration of the Texas Judicial System (OCA) adopted a
standardized form for use after December 1, 2017, by courts discharging a defendant under
article 42A.701. See Tex. Code Crim. Proc. art. 42A.701(f-1); see also Off. Ct. Admin. Tex.
Jud. Syst., “Order of Early Discharge From Community Supervision (Probation) under Article
42A.701, CCP,” available at http://www.txcourts.gov/rules-forms/forms/. The form is posted in
Word format on OCA’s website. See “Order of Early Discharge from Community Supervision
Accordingly, we abate this appeal and remand the cause to the district court for
completion of the standardized form required by the Texas Code of Criminal Procedure. See id.
A supplemental clerk’s record containing the completed form shall be filed with this Court no
later than May 6, 2019. See Tex. R. App. P. 34.5(c)(3).
It is ordered April 5, 2019.
Before Justices Goodwin, Baker, and Triana
Abated and Remanded
Filed: April 5, 2019
Do Not Publish
(Probation),” available at https://www.txcourts.gov/media/1439810/discharge-order-early-
termination.docx.
2