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Appellate Case Name: Terrence Tompkins v. State of Texas

April 23, 2013

APPELLATE CASE NAME: TERRENCE TOMPKINS
v.
STATE OF TEXAS



Trial court case number: 1337275 Trial court: 232nd District Court of Harris County

The opinion of the court was delivered by: Harvey Brown

ORDER

Appellant Tompkins has filed a motion to supplement the clerk's record with a bill of costs. The motion to supplement the clerk's record is granted. Pursuant to Texas Rules of Appellate Procedure 34.5(c) and 44.3, the trial court clerk is ordered to prepare, certify, and file a supplemental record containing a bill of costs. If no bill of costs currently exists, the trial court clerk or an officer of the court is ordered to prepare a bill of costs for inclusion in the supplemental record. See TEX. CODE CRIM. PROC. ANN. art. 103.006 (West 2001) ("If a criminal action or proceeding . . . is appealed, an officer of the court shall certify and sign a bill of costs stating the costs that have accrued and send the bill of costs to the court to which the action . . . is . . . appealed."); see also Cardenas v. State, No. 01-11-01123-CR, 2013 WL 1164365, at *4-5 (Tex. App.-Houston [1st Dist.] Mar. 21, 2013, no pet. h.) (op. on reh'g).

The supplemental clerk's record shall be filed in the First Court of Appeals no later than May 3, 2013.

At the same time he filed his motion to supplement the record, appellant Tompkins also filed a motion for extension of time to file his brief. The motion for extension of time to file the appellant's brief is granted. Although Tompkins only requested until May 5, 2013 to file his appellant's brief, the supplemental clerk's record ordered above is not due until May 3, 2013. Accordingly, we order Tompkins's appellant's brief to be filed no later than 15 days after the date the supplemental clerk's record is filed. No further extensions of time will be granted absent extraordinary circumstances.

It is so ORDERED.

Judge's signature: Harvey Brown Acting individually

20130423

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