PD-1174-15
PD-1174-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/5/2015 1:14:16 PM
Accepted 11/5/2015 1:49:20 PM
IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA
CLERK
FOR THE STATE OF TEXAS
AUSTIN, TEXAS
HENRY ANDRE WINZER § November 5, 2015
§
V. § NO. PD-1174-15
§
STATE OF TEXAS §
APPELLANT’S REPLY TO STATE’S
RESPONSE TO APPELLANT’S
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
NOW COMES Appellant, HENRY ANDRE WINZER, and submits this Reply to
State’s Response to Appellant’s Petition for Discretionary Review and would shows the
following:
The states contends that, “appellant failed to request that the questionnaires and
strike lists be included in this record.” (State’s Response, p. 7). However, a simple review
of the clerk’s record in this case shows otherwise. In his Designation of Record, Appellant
requested that the record include,
“15. All juror information sheets and information on peremptory strikes.”
(CR:101).
When the appellate record was filed, these documents were inexplicably absent.
When Appellant’s counsel discovered that the clerk had not complied with the designation
request, he filed “Appellant’s Motion to Supplement Appellate Record,” requesting that the
record be supplemented with these items. Nevertheless, on August 17, 2015, the Court
of Appeals entered a succinct order stating, “We deny appellant’s May 19, 2015, motion
to supplement appellate record.” No explanation is provided.
Appellant’s Reply to State’s Response to Appellant’s Petition for Discretionary Review - Page 1
Obviously, the Court of Appeals did not find these items necessary to reach its
decision. Appellant urges this court to grant this Petition for Discretionary Review to
address this highly important and very timely issue and decline the state’s invitation to
misread and misunderstand the appellate record.
Respectfully submitted,
/s/ Gary A. Udashen
GARY A. UDASHEN
Bar Card No. 20369590
SORRELS, UDASHEN & ANTON
2311 Cedar Springs Road
Suite 250
Dallas, Texas 75201
214-468-8100
214-468-8104 fax
Attorney for Appellant
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing
Appellant’s Reply to State’s Response to Appellant’s Petition for Discretionary Review was
electronically delivered to the Kaufman County District Attorney’s Office, on this the 5th day
of November, 2015.
/s/ Gary A. Udashen
GARY A. UDASHEN
Appellant’s Reply to State’s Response to Appellant’s Petition for Discretionary Review - Page 2