CAUSE NO. 2015-CR-6408
FILED IN
STATE OF TEXAS § IN THE 226TH DISTRICT
4th COURTCOURT
OF APPEALS
§ SAN ANTONIO, TEXAS
vs. § OF 06/21/2018 6:12:04 AM
§ KEITH E. HOTTLE
STEVEN P. CHERRY § BEXAR COUNTY, TEXASCLERK
MOTION FOR SUPPLEMENTAL RECORD AND INCLUSION OF ADDITIONAL ITEMS
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Steven P. Cherry, Defendant/Appellant, by and through his attorney of
record, and makes this request for Supplemental Record and Inclusion of Additional Items
pending his current appeal in Cause No. 04-18-00363-CR:
1. All documents required by Rule 34.5 of the Texas Rules of Criminal Procedure;
2. All orders and motions filed pursuant to Defendant’s Writ of Habeas Corpus in Cause
No. 2015-CR-6408W1;
3. Any Opinions issued by the Texas Court of Criminal Appeals for the Defendant’s Writ
of Habeas Corpus; and
4. The Trial Judge’s Finding and Recommendations filed with the Texas Court of
Criminal Appeals in support of the aforementioned Writ of Habeas Corpus.
Defendant requests that these items be consolidated with any Clerk’s Record previously
filed with the Court of Appeals pursuant to Cause No.04-16-00524-CR previously dismissed
by the Court of Appeals for Want of Jurisdiction.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court order
the Bexar County Criminal District Clerk’s Office to supplement its record and make
available to the Court of Appeals, the Trial Court, the Defendant, and the State of Texas.
Respectfully Submitted
Michael D. Goains
SBOT # 00793815
P.O. Box 591340
San Antonio, Texas 78259
Telephone No. (830) 714-7723
Fax No. (830) 714-7724
Attorney for Defendant/Appellant
Certificate of Service
I, Michael D. Goains certify that a complete true and correct copy of the above was
served on the Bexar County District Attorney’s Office by:
_______ Certified Mail, Return Receipt Requested, Certificate Number
________________________, at the following address:
XXXXX Email Transmission to: ricov@bexar.org
_______ Facsimile Transmission to:
_______ Personal Service in open court.
_______ Courier Service.
Signed on this the 20th day of June, 2018.
Michael D. Goains
Attorney for the Defendant/Appellant
CAUSE NO. 2015-CR-6408
STATE OF TEXAS § IN THE 226TH DISTRICT COURT
§
vs. § OF
§
STEVEN P. CHERRY § BEXAR COUNTY, TEXAS
ORDER
On , 2018, came on to be heard Defendant’s/Appellant’s Motion for
Supplemental Record and Inclusion of Additional Items. After a careful review of the Motion,
Record, and Appellate Court Orders this Court is of the opinion that the Motion should be in
all things granted. The Bexar County Criminal Clerk’s Office is ordered to supplement the
record in this Cause of Action with the inclusion of additional records as follows:
1. All documents required by Rule 34.5 of the Texas Rules of Criminal Procedure;
2. All orders and motions filed pursuant to Defendant’s Writ of Habeas Corpus in Cause
No. 2015-CR-6408W1;
3. Any Opinions issued by the Texas Court of Criminal Appeals for the Defendant’s Writ
of Habeas Corpus; and
4. The Trial Judge’s Finding and Recommendations filed with the Texas Court of
Criminal Appeals in support of the aforementioned Writ of Habeas Corpus.
Court orders that this be consolidated with any Clerk’s Record filed pursuant to Cause
No.04-16-00524-CR previously dismissed by the Court of Appeals for Want of Jurisdiction.
Signed and Ordered on this the ____ day of June, 2018.
__________________________
JUDGE PRESIDING
Steven P. Cherry v. State
Combined Opinion