Opinion
03-22-00764-CR
06-15-2023
James Beavers, Appellant v. The State of Texas, Appellee
FROM THE 424TH DISTRICT COURT OF BURNET COUNTY NO. 50163, THE HONORABLE EVAN C. STUBBS, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Triana and Theofanis
ORDER
PER CURIAM
Appellant James Beavers has filed a motion for use of original exhibit by appellate court requesting that this Court obtain and inspect the original State's Exhibit 8, an audio recording of his interrogation by a Department of Public Safety special agent. He cites Texas Rule of Appellate Procedure 34.6(g)(2). That rule, entitled "Use of Original Exhibits by Appellate Court," provides, "If the trial court determines that original exhibits should be inspected by the appellate court or sent to that court in lieu of copies, the trial court must make an order for the safekeeping, transportation, and return of those exhibits." Tex.R.App.P. 34.6(g)(2). We are not referred in the record to a request for such a determination by the trial court or the denial of a request that it make such a determination. We do find in the record sent to this Court a copy of State's Exhibit 8.
Lacking a basis in law or fact to grant the relief requested, we deny the motion.
It is so ordered.