Order entered December 17, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00006-CR

No. 05-15-00007-CR

No. 05-15-00008-CR

No. 05-15-00009-CR

GARY WAYNE BARNES SR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3

Dallas County, Texas

Trial Court Cause Nos. F80-16530-J, F81-01027-J, F81-01105-J, F81-02518-J

ORDER

On November 20, 2015, this Court ordered the Dallas County District Clerk to file 

supplemental clerk’s records in each case containing (1) appellant’s original motion for postconviction DNA testing; (2) the State’s response to appellant’s motion; and (3) the trial court’s 

order ruling on appellant’s motion for post-conviction DNA testing. In cause nos. 05-15-00006-

CR, we received supplemental clerk’s records that contained the State’s July 10, 2015 second 

motion to extend time to respond to the motion for post-conviction DNA testing, the State’s 

response to appellant’s motion, and the order appointing counsel. In cause nos. 05-15-00007-

CR, and 05-15-00008-CR, we received supplemental clerk’s records containing the State’s July 
10, 2015 second motion to extend time to respond to the motion for post-conviction DNA 

testing, the State’s response to appellant’s motion, the order appointing counsel, and the trial 

court’s order November 11, 2015 order granting post-conviction DNA testing. None of these 

supplemental records contain appellant’s original motion for post-conviction DNA testing. In 

cause no. 05-15-00009-CR, we received a letter from the Dallas County District Clerk stating 

that none of the documents identified in the order were found “OnBase.”

Accordingly, pursuant to Texas Rule of Appellate Procedure 34.5(e), we ORDER the 

trial court to make findings regarding the following.

• As to all cause numbers, whether appellant’s original motion for post-conviction 

DNA can be located by the Dallas County District Clerk.

• If appellant’s motion cannot be located, whether the parties can agree on a 

substituted copy of appellant’s original motion for post-conviction DNA testing.

• If the parties cannot agree on a substituted copy, the trial court shall determine 

what constitutes an accurate copy of appellant’s original motion for postconviction DNA testing.

• As to all cause numbers, the trial court shall determine what constitutes an 

accurate copy of the December 11, 2014 order.

• As to cause nos. 05-15-00007-CR (F81-01027-J) and 05-15-00008-CR (trial court 

no. F81-01105-J), whether appellant’s motion for post-conviction DNA testing

has been finally disposed of following the trial court’s November 11, 2015 order 

granting the motion as to those cases.

We ORDER the trial court to transmit supplemental records containing its written 

findings, any supporting documentation, and any orders to this Court within THIRTY DAYS of 

the date of this order.

We DIRECT the Clerk to send copies of this order to the Honorable Gracie Lewis, 

Presiding Judge, Criminal District Court No. 3; Felicia Pitre, Dallas County District Clerk; and 

to counsel for all parties.
We ABATE the appeals to allow the trial court to comply with this order. The appeals 

shall be reinstated thirty days from the date of this order or when the findings are received.

/s/ ADA BROWN

JUSTICE