Opinion
05-23-00133-CR
07-02-2024
RICHARD ACOSTA, JR, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F21-25961-U
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE.
Before us is the State's June 28, 2024 motion to supplement the record and for extension of time to file its brief. In the motion, the State points out that the reporter's record is missing numerous state and defense exhibits. Specifically, the record is missing:
SX 1 "Valasquez body cam" admitted at 2RR: 21; SX 2 "continu[ous] surveillance video from Texaco" admitted at 2RR: 21; SX 3 "the 911 call" admitted at 2RR: 21; SX 8 "disc containing original clips from the Texaco surveillance" admitted at 2RR: 22; and SX 259 "disc containing surveillance video from Walmart" admitted at 2RR: 36.
In addition to these missing digital media exhibits, it appears the court reporter also omitted three defense exhibits: 12, 14, and 15. These are described in the record as photographs. (6RR: 104, 132, 170).
Accordingly, we GRANT the State's motion and ORDER the Court Reporter, Sasha Brooks, court reporter for the 291st District Court for Dallas County to file, within FIFTEEN DAYS of the date of this order, a supplemental reporter's reporter's record containing the missing exhibits or a written statement that the documents are missing within FIFTEEN DAYS of the date of this order.
We ORDER the State's brief filed no later than THIRTY DAYS after the court reporter files a supplemental record containing the missing exhibits or a written statement that the exhibits are missing, or at such other time as the Court deems proper.
We DIRECT the Clerk to send copies of this order to Sasha Brooks court reporter in the 291st District Court in Dallas, and counsel for all parties