Order entered October 23, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01199-CR
MARK MCCAY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F11-00694-K
ORDER
On September 11, 2013, this Court ordered the Dallas County District Clerk to file,
within twenty-one days, a supplemental record containing the trial court’s findings and certain
enumerated documents. Although on September 11, 2013, we received a supplemental record
containing the findings with multiple exhibits attached, the supplemental clerk’s record did not
contain the documents identified in the September 11, 2013 order.
Accordingly, we ORDER the Dallas County District Clerk to file, within FIFTEEN
DAYS of the date of this order, a supplemental record containing the following documents
identified in the trial court’s September 9, 2013 written findings of facts:
motion to dismiss the indictment for attempted theft for failure to state an offense due to
absence of the essential element of ownership;
motion to quash indictment;
motion to dismiss the indictment as impermissibly vague and for failure to state an
offense and memorandum in support;
motion to dismiss the indictment for improper aggregation and for lack of jurisdiction;
motion to dismiss on grounds of the denial of equal protection and equal rights and
privileges of the law and the abridgement of the constitutional and statutory function of
the grand jury, with exhibits.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4; Janice Garrett,
official court reporter, Criminal District Court No. 4; Gary Fitzsimmons, Dallas County District
Clerk; the Dallas County District Clerk’s Office, Criminal Records Division; and counsel for all
parties.
/s/ DAVID EVANS
JUSTICE