No. 14-07-00664-CR
Opinion filed January 20, 2009. DO NOT PUBLISH TEX. R. APP. P. 47.2(b).
On Appeal from the 122nd District Court Galveston County, Texas, Trial Court Cause No. 05CR0658.
Panel consists of Chief Justice HEDGES and Justices GUZMAN and BROWN.
ADELE HEDGES, Chief Justice.
Appellant, Anthony Paul Blozinski, appeals his conviction for felony evading arrest or detention. After a jury found appellant guilty, the trial court sentenced him to six months incarceration, which was probated for nine months. In a single issue, appellant challenges the legal and factual sufficiency of the evidence to support the conviction. We affirm.
Discussion
As stated, appellant's sole issue on appeal challenges the legal and factual sufficiency of the evidence to support the jury's verdict. In support of this issue, appellant requested that the court reporter prepare and file an excerpt of certain testimony from the guilt/innocence phase of the trial. Appellant did not request, and the reporter did not file, any record of the punishment phase proceedings. Under Texas Rule of Appellate Procedure 34.6(c)(5), when an appellant attacks the sufficiency of the evidence in a criminal case, "the record must include all the evidence admitted at the trial on the issue of guilt or innocence and punishment." TEX. R. APP. P. 34.6(c)(5); see also Rowell v. State, 66 S.W.3d 279, 282 (Tex.Crim.App. 2001) (discussing Rule 34.6). On October 6, 2008, this court sent a letter to defense counsel and counsel for the State, citing Rule 34.6(c)(5) and explaining that the record submitted appeared to be inadequate for review. We further informed the parties that they could remedy the problem by filing either a written stipulation that the excerpt contained all of the evidence produced at trial or by filing a supplemental record. The parties were given until November 7, 2008 to file a stipulation or supplement or to request an extension of time in which to do so. No response to the letter has been filed. Having requested the filing of an inadequate record, appellant cannot rely on the absence of evidence for reversal of his conviction. See McDougal v. State, 105 S.W.3d 119, 121 (Tex.App.-Fort Worth 2003, pet. ref'd); Blanton v. State, No. 12-07-00163-CR, 2008 WL 2514398, at *1 (Tex.App.-Tyler June 25, 2008, no pet.) (mem. op., not designated for publication); cf. Word v. State, 206 S.W.3d 646, 651-52 (Tex.Crim.App. 2006) (overruling issue where appellant failed to present adequate record in support, stating: "It is usually the appealing party's burden to present a record showing properly preserved, reversible error."); Barnes v. State, No. 14-04-00220-CR, 2005 WL 975687, at *2 n. 3 (Tex.App.-Houston [14th Dist.] April 28, 2005, no pet.) (mem. op., not designated for publication) (holding appellant did not waive sufficiency of the evidence complaint where record omitted two admitted exhibits when appellant had in fact requested that the exhibits be included in the record). Accordingly, we overrule appellant's sole issue. We affirm the trial court's judgment.