Order entered September 6, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-00917-CR
MAXIMO MARTINEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F11-33935-Y
ORDER
The Court REINSTATES the appeal.
On August 5, 2013, we ordered the trial court to make findings regarding why appellant’s
brief had not been filed. On August 30, 2013, we received appellant’s brief, together with an
extension motion. Therefore, in the interest of expediting the appeal, we VACATE the August
5, 2013 order requiring findings.
We GRANT the August 30, 2013 motion and order appellant’s brief filed as of the date
of this order.
In his brief, appellant raises an issue related to the costs assessed against him. The
record, however, does not contain a cost bill or other document with an itemized list 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, a supplemental clerk’s record containing a detailed itemization
of the costs assessed in this case, 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 bill shall be signed by the officer who charged the cost or the officer who is entitled to
receive payment for the cost. We further ORDER that the supplemental clerk’s record include a
document 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
Records Division; and to counsel for all parties.
/s/ DAVID EVANS
JUSTICE
Maximo Martinez v. State
Combined Opinion