ACCEPTED
05-14-01589-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
1/12/2015 12:50:30 PM
LISA MATZ
CLERK
NO. 05-14-01589-CR
REGINALD THOMAS § IN THE COURT OF APPEALS
FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
v. § FOR THE FIFTH DISTRICT
1/12/2015 12:50:30 PM
LISA MATZ
THE STATE OF TEXAS § OF TEXAS AT DALLAS Clerk
APPELLANT’S OBJECTION TO TIMETABLE
FOR APPELLATE RECORD STATED IN THIS
COURT’S ORDER OF JANUARY 9, 2015
TO THE HONORABLE COURT OF APPEALS:
COMES NOW the Appellant and files this Objection to Timetable for
Appellate Record Stated in this Court’s Order of January 9, 2015, in the above-
referenced appeal, and would show the following:
I.
In the 292nd Judicial District Court of Dallas County, Texas, in trial court
Cause No. F14-00358-V, the Appellant was convicted of theft in an amount of
$20,000 or more but less than $100,000, and on October 1, 2014, he was sentenced
to confinement for 6 years in TDCJ-ID, probated for 5 years. The Appellant filed a
timely motion for new trial on October 15, 2014, and a timely notice of appeal on
December 11, 2014.
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II.
On January 6, 2015, this Court granted the Appellant’s Motion to Include
Items in Original Cause Number in the Clerk’s Record (filed on December 31,
2014). In its order of January 6, 2015, this Court ordered the Dallas County District
Clerk to file a supplemental clerk’s record, within fifteen days of this Court’s
January 6, 2015 order, that would include the motion for new trial filed on October
15, 2014, in trial court Cause No. F09-34344-V (the originally indicted trial court
cause number for trial court Cause No. F14-00358-V, which is the
reindicted/refiled trial court cause number appealed herein).
III.
On January 8, 2015, the Dallas County District Clerk filed a supplemental
clerk’s record that included the motion for new trial timely filed on October 15,
2014, in trial court Cause No. F09-34344-V. Because this Court’s record now
reflects that the timetable for filing the appellate record in this appeal should be
extended to 120 days from October 1, 2015 (the date that the Appellant’s sentence
was imposed in this case), the appellate record is not due until January 29, 2015.
See TEX. R. APP. P. 35.2(b).
IV.
In its order dated January 9, 2015, however, this Court stated that the
reporter’s record is overdue and ordered the court reporter to file the reporter’s
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record in this appeal within thirty days of this Court’s January 9, 2015 order and
also ordered the Dallas County District Clerk to file the complete clerk’s record in
this appeal within fifteen days of this Court’s January 9, 2015 order.
V.
On the date of filing this Objection, the undersigned attorney called the
deputy clerk at this Court to advise her that the appellate record is not actually
overdue since, in light of the timely filed motion for new trial on October 15, 2014,
the appellate record is not due until January 29, 2015. The undersigned attorney
asked if the Court could reconsider its order of January 9, 2015, in which the Court
stated that the record is overdue. The deputy clerk responded that in order for this
Court to reconsider its order of January 9, 2015, the undersigned attorney would be
required to file an objection to this Court’s order of January 9, 2015. Thus, this is
the reason for the filing of this Objection.
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WHEREFORE, PREMISES CONSIDERED, the Appellant respectfully files
this Objection to Timetable for Appellate Record Stated in this Court’s Order of
January 9, 2015, in this appeal.
Respectfully submitted,
/s/ Lori L. Ordiway
LORI L. ORDIWAY
State Bar No. 12327300
P.O. Box 793991
Dallas, Texas 75379
Telephone: (972) 701-0155
Facsimile: (972) 701-0151
E-mail: lori.ordiway@att.net
ATTORNEY FOR THE APPELLANT
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that a true and correct copy of this
document is being served on the attorney for the State of Texas, Lisa B. Smith,
Deputy Chief, Appellate Division of the Dallas County District Attorney’s Office,
via the service function in eFile Texas, to lisa.smith@dallascounty.org, on the 12th
day of January, 2015.
/s/ Lori L. Ordiway
LORI L. ORDIWAY
14-38
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