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Ruiz v. State

Court of Appeals of Texas, Fifth District, Dallas

December 4, 2013

JOHN RUIZ, Appellant
v.
THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause Nos. F11-31859-H, F10-31315-H

ORDER

LANA MYERS, JUSTICE

The Court REINSTATES the appeal.

On October 16, 2013, we ordered the trial court to make findings regarding why appellant's brief had not been filed. On December 2, 2013, we received appellant's brief, together with an extension motion. Therefore, in the interest of expediting the appeals, we VACATE the October 16, 2013 order requiring findings.

We GRANT the December 2, 2013 extension motion and ORDER appellant's brief filed as of the date of this order.

In his brief, appellant raises issues related to the costs assessed against him. The records, however, do not contain cost bills or other documents with itemized lists of costs assessed in this case.

Accordingly, we ORDER the Dallas County District Clerk to file, within FIFTEEN DAYS of the date of this order, supplemental clerk's records containing detailed itemizations of the costs assessed in the cases, including but not limited to, specific court costs, fees, and court appointed attorney fees. In accordance with Texas Code of Criminal Procedure article 103.001, the cost bills shall be signed by the officer who charged the cost or the officer who is entitled to receive payment for the costs. We further ORDER that the supplemental clerk's records include documents explaining any and all abbreviations used to designate a particular fee, cost, or court appointed attorney fee.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to Gary Fitzsimmons, Dallas County District Clerk; Dallas County District Clerk's Office, Criminal ...


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