Order entered May 23, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-01199-CR

MARK MCCAY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 4

Dallas County, Texas

Trial Court Cause No. F11-00694

ORDER

The Court GRANTS appellant’s May 9, 2013 motion to supplement the clerk’s record.

We ORDER the Dallas County District Clerk to file a supplemental clerk’s record, 

within FIFTEEN DAYS from the date of this order, that contains the following items:

(1) Motion to Dismiss the Indictment for Attempted Theft for Failure to State 

an Offense Due to Absence of the Essential Element of Ownership filed in Cause Nos. 

F06-00184 and F06-00195.

(2) Motion to Quash Indictment filed in Cause Nos. F06-00 184 and F06-00 

195. 

(3) Motion to Dismiss the Indictment as Impermissibly Vague and For Failure 

to State an Offense. 
( 4) Motion to Dismiss the Indictment as Impermissibly Vague and For Failure 

to State an Offense And Memorandum in Support filed in Cause Nos. F06-00184 and 

F06-00195. 

( 5) Motion to Dismiss the Indictment for Improper Aggregation and for Lack 

of Jurisdiction filed in Cause Nos. F06-00 184 and F06-00195.

(6) Defendant's Reply to State's Motion to Amend filed in Cause Nos. F06-

00184 and F06-00195. (Can be located on On Base under Cause No. F06-00184)

(7) Supplemental Grounds Presented in Support of Pretrial Motions and 

Supplemental Memorandum of Law filed in Cause Nos. F06-00184 and F06-00195.

(8) Motion to Quash the Indictment for failure to specify manner and means, 

etc.

(9) Motion to Dismiss and Factual Submission in support of Pre-Trial Motions 

and Motion to Dismiss filed by co-defendant Edwin Olsen in Cause No. F07-00734, 

F07-00735 and F07-00736.

(10) Defendant's Motion to Dismiss on Grounds of the Denial of Equal 

Protection and Equal Rights and Privileges of the Law and the Abridgement of the 

Constitutional and Statutory Function of the Grand Jury filed in Cause Nos. F06-

00184 and F06-00195.

( 11) Motion to Dismiss the Indictment for Improper Aggregation and for Lack 

of Jurisdiction.

(12) Supplemental Grounds Presented in Support of Pretrial Motions and 

Supplemental Memorandum of Law filed in Cause Nos. F06-00184 and F06-00195.

(13) Memorandum in Support of Motion to Quash and Indictment filed in 

Cause Nos. F07-00734; F07-00735 and F07-00736.

(14) Reply to State's Response to the Defendant's Argument that Tex. Probate 

Code §75 Prevents Prosecution filed in Cause No. F07-00736. (Can be located on On 

Base under Cause No. F07-00736).

(15) Defendant's Opposition to State's Motion to Amend the Grand Jury 

Indictments and, Alternatively, Motion to Quash the Amended Indictments and 

Motion to Apply to any Amended Indictments the Pretrial Motions, Petitions. and 
Submissions Previously filed in these Cause Nos. and in Cause Nos. F06-00184 and 

F06-00195 filed in Cause Nos. F07-00735 and F07-00736. 

( 16) Motion to Dismiss on Grounds of the Denial of Equal Protection and 

Equal Rights and Privileges of the Law and the Abridgment of the Constitutional and 

Statutory Function of the Grand Jury. 

(17) Motion to Disclose Experts (Can be located on On Base under Cause No. 

F06-00184).

(18) Motion to Amend Indictment (Can be located on On Base under Cause 

No. F06-00184).

(19) State's First Amended Motion to Amend Indictment and Abandon and 

Delete Surplusage from the Indictment (Can be located on On Base under Cause No. 

F07-00736).

(20) State's Response to the Defendant's Opposition to the State's Motion to 

Amend and Motion to Quash Amended Indictments (Can be located on On Base 

under Cause No. F07 -00736).

(21) State's Response to the Defendant's Argument that Texas Probate Code 

§75 Prevents Prosecution. (Canoe located on On Base under Cause No. F07-00736).

(22) Motion to Amend Indictment (Can be located on On Base under Cause 

No. F07-00736).

(23) State's Response to Defendant's Motion to Adopt, Motion for Disclosure, 

Additional Submission in Support of Pre-Trial Motions (Can be located on On Base 

under Cause No. F07-00736).

(24) Defendant's Motion to Adopt For these cases the Pre-trial Motions and 

Petition for Disclosure Previously filed in Cause Nos. F06-00184 and F06-00195 and 

Defendant's Additional Submission in Support of the Pre-Trial Motions. (Can be 

located on On Base under Cause No. F07-00736).

(25) Defendant's Opposition to State's Motion to Amend the Grand Jury 

Indictments and, Alternatively, Motion to Quash the Amended Indictments and 

Motion to Apply to any Amended Indictments the Pretrial Motions, Petitions and 

Submissions Previously filed in these Cause Nos. and in Cause Nos. F06-00184 and 

F06-00195. (Can be located on On Base under Cause No. F07-00736).
(26) Defendant's Response to State's Motion to Amend the Indictment and 

Delete Surplusage (Can be located on On Base under Cause No. F 1 0-00878).

(27) State's Motion to Amend Indictment and Abandon and Delete Surplus age 

(Can be located on On Base under Cause No. F10-00878; three motions with same 

title).

(28) Application to Take Depositions (Can be located on On Base under Cause 

No. F 1 0-00878).

(29) Defendant's Motion for Continuance (Can be located on On Base under 

Cause No. F 1 0-00878; two motions with same title).

(30) State's Response and Objection to and Request to Deny Defendant's 

Motion for Continuance (Can be located on On Base under Cause No. F10-00878).

(31) All indictments filed in Cause Nos. F06-00184, F07-00736, Fl0-00878, 

and Fll-00694.

We ORDER the Clerk of the Court to send a copy of this order to Gary FitzSimmons, 

Dallas County District Clerk.

We ORDER appellant to file the brief within FORTY-FIVE DAYS from the date of this 

order.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE