Jimmy Acosta Brite v. State

The State of TexasAppellee/s Fourth Court of Appeals San Antonio, Texas March 3, 2014 No. 04-07-00820-CR Jimmy Acosta BRITE, Appellant v. THE STATE OF TEXAS, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CR-5362 Honorable Maria Teresa Herr, Judge Presiding O R D E R This court issued its mandate in appeal number 04-07-00820-CR on August 10, 2009. On December 18, 2013, the Court of Criminal Appeals granted petitioner Jim Brite’s request to file an out-of-time petition for discretionary review. On February 21, 2014, Appellant Jim Brite moved this court to order the Bexar County District Clerk to prepare a new or amended clerk’s record in support of his petition for discretionary review. This court’s plenary power in appeal number 04-07-00820-CR has expired; this court no longer has jurisdiction in that appeal. See TEX. R. APP. P. 19.1 (plenary power period). Any future motions should be addressed to, and filed with, the Court of Criminal Appeals: Court of Criminal Appeals P.O. Box 12308 Austin, Texas 78711-2308 To ensure a document is properly included in the appellate record, Appellant “may by letter direct the trial court clerk to prepare, certify, and file in the [Court of Criminal Appeals] a supplement containing the omitted item.” See TEX. R. APP. P. 34.5(c)(1). The address for the Bexar Country District Clerk is as follows: Bexar County District Clerk Paul Elizondo Tower 101 West Nueva, Suite 217 San Antonio, Texas 78205-3411 _________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of March, 2014. ___________________________________ Keith E. Hottle Clerk of Court