Fermin Dominguez Herrera v. State ( 2019 )

Order entered April 23, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01149-CR FERMIN DOMINGUEZ HERRERA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. 067953 ORDER Appellant’s April 18, 2019 third motion to extend the time to file appellant’s brief is before the Court. Appellant contends an additional extension of time is required because the presentence investigation report is not included in the clerk’s record and appellant needs to cite to the PSI report in appellant’s brief. We also consider the unique circumstances appellant’s counsel has previously cited to us in this case. The Court GRANTS appellant’s motion and ORDERS the Grayson County District Clerk to file, with FOURTEEN DAYS of the date of this order, a supplemental clerk’s record containing the presentence investigation report in this case. Appellant is ORDERED to file his brief on or before May 23, 2019. If appellant’s brief is not filed by May 23, 2019, this appeal may be abated for the trial court to make findings in accordance with rule of appellate procedure 38.8. We DIRECT the Clerk to transmit a copy of this order, by electronic transmission, to the Grayson County District Clerk and counsel for all parties. /s/ CORY L. CARLYLE JUSTICE –2–