Ex Parte: Michael Charles McDermott v. State

Order entered November 23, 2016 In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01335-CR No. 05-16-01357-CR EX PARTE MICHAEL CHARLES MCDERMOTT On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause Nos. 380-80439-2015, 380-80437-2015 ORDER We VACATE our order of November 18, 2016 setting scheduling in these appeals because the appellate cause number for cause no. 05-16-01357-CR was incorrect on the order. We issue this order to reset scheduling on these appeals. The Court is in receipt of appellant’s notices of appeal from the trial court’s orders denying relief on his pretrial applications for writ of habeas corpus. These are accelerated appeals and are governed by Texas Rule of Appellate Procedure 31. We ORDER the trial court to prepare certifications of appellant’s right to appeal and to file them within TEN DAYS of the date of this order. See TEX. R. APP. P. 25.2(a), (d); Cortez v. State, 420 S.W.3d 803 (Tex. Crim. App. 2013). We ORDER the Collin County District Clerk to file the clerk’s records by December 12, 2016. We ORDER that the clerk’s records contain copies of the indictments, the documents related to the applications for writ of habeas corpus, the trial court’s orders, and the trial court’s certifications of appellant’s right to appeal. We ORDER the court reporter to file, by December 12, 2016, either the reporter’s record or written verification that no hearing was conducted. We ORDER appellant to file his brief by January 3, 2017. We ORDER the State to file its brief by January 24, 2017. After the records and briefs have been filed, the Court will notify the parties of the submission date and panel. We DIRECT the Clerk to send copies of this order to the Honorable Benjamin N. Smith, Presiding Judge, 380th Judicial District Court; Karla Kimbrell, Official Court Reporter, 380th Judicial District Court; Lynne Finley, Collin County District Clerk; and counsel for all parties. /s/ LANA MYERS JUSTICE