Appeal No CR MOTION FOR ORDER DIRECTING CLERK TO PROVIDE APPELLANT WITH FREE COPY OF CLERK'S RECORD WITH TRANSCRIPTS

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1 TOMMY E. HUTCHINS Appellant v. Appeal No CR IN THE 14TH COURT OF THE STATE OF TEXAS Appellee HARRIS COUNTY, TE FILED IN 14th COURT OF APPEALS HOUSTON Ti=XAS DEC CHRISTOPHER A. PR1NE APPEALS CLERK MOTION FOR ORDER DIRECTING CLERK TO PROVIDE APPELLANT WITH FREE COPY OF CLERK'S RECORD WITH TRANSCRIPTS TO THE HONORABLE COURT OF APPEALS: Come now, the Appellant pursuant to Rule 20.1(c)(1) of the Texas Rules of Appellate Procedure, and of the Texas Civil Practice & Remedy Codes, moves the Court for order directing clerk to provide appellant with free copy of the clerk's record with transcripts for reasons as follows: STATEMENT OF FACTS CCJ. PO~, Appellant appeals the final judgment entered on Notice Of Appeal, and Affidavit/Statement Of Inability To Afford Payment Of Court Cost Or Appeal Bond and Request/Motion For Preparation/Free qopy Of Clerk's Record With Transcript was mailed to the district clerk on Q&f IQ, No contest to Affidavit/Statement Of Inability To Afford Payment Of Court Cost Or Appeal Bond has been filed by any opposing party or court officials. The MTH Court of Appeals received and filed the Notice of Appeal on mj&wjgfc lo j On November 15, 2017 the clerk's record was received and filed in the 14TH Court of Appeals. To date the district clerk has failed to provide appellant with free copy of the clerk's record with transcript. Appellant is unable to prepare the appellant's brief and perfect this appeal until he is provided with free copy of the clerk's record. Therefore, an order is needed directing clerk to provide appellant with free copy of clerk's record with transcripts. II. ARGUMENT AND AUTHORITIES This court has the authority to order the clerk to provide appellant -1-

2 with free copy of the clerk's record with transcripts based on Rule 20.1(c)(1) [TRAP] and of the Tex. Civ. Prac. & Rem. Codes. Appellant's brief cannot be filed until appellant is provided with frescopy of the clerk's record with transcript. III. PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, appellant pray the Court grant this motion based on the facts herein and the authorities applicable. so SIGNED this <-> _ day of November, Respectfully,yg? Tommy E.^utchins IV. VERIFICATION I have read the foregoing Motion For Order Directing Clerk To Provide Appellant With Free Copy Of Clerk's Record With Transcript swear under penalty of perjury the facts within is true and correct pursuant to Title 6 of the Tex. Civ. P. & Rem. Code signed this pv day of November,

3 CERTIFICATE OF CONFERENCE certify that he is unable to confer with Appellee before the filing of MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF; and MOTION FOR ORDER DIRECTING CLERK TO PROVIDE APPELLANT WITH FREE COPY OF CLERK'S RECORD WITH TRANSCRIPT because he is a prisoner of Texas housed at the Rober tson Unit in Abilene, Texas. However, Appellee is provided with copy of said motions. SIGNED this 3D day of November, Tommy E.^Hutchins CERTIFICATE OF SERVICE certify that on the day of November, 2017 he mailed copy of MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF; and MOTION FOR ORDER DIRECTING CLERK TO PROVIDE APPELLANT WITH FREE COPY OF CLERK'S RECORD WITH TRANSCRIPTS; and CERTIFICATE OF CONFERENCE to: Eric Kugler, Assi stant District Attorney 1201 Franklin Suite 600 Houston, TX by placing same in mailbox at the.

4 Christopher A. Prine, Clerk 14TH Court of Appeals 301 Fannin, Suite 245 Houston, TX FILED IN 14th COURT OF APPEALS HOUSTCM, 'rcxas DATE: RE: //-d?^c2^a? Court of Appeals No O0868-CR Trial Court Case No TOMMY EARL HUTCHINS v. THE STATE OF TEXAS DEC CHRISTOPHER A. PRINE CLERK Mr. Prine: Enclosed for filing is MOTION FOR EXTENSION OF TIME Ta-TTtirT^iElLANT''s'' BRIEF; and APPELLANT'S MOTION FOR ORDER DIRECTING CLERK TO PROVIDE APPELLANT WITH FREE COPY OF CLERK"S RECORD WITH TRANSCRIPTS; and CERTIFICATE OF CON FERENCE; and CERTIFICATE OF SERVICE. Please bring the matter herein to the attention of the Court. Thank you. Sincerely CC/Enclosures: Eric frgler, Assistant District Attorney

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