Opinion
No. 04-16-00576-CR No. 04-16-00577-CR No. 04-16-00578-CR
10-19-2017
Kathleen Darleen DANIEL, Appellant v. The STATE of Texas, Appellee
From the 216th Judicial District Court, Kendall County, Texas
Trial Court No. 5924, 5925 & 5926
Honorable N. Keith Williams, Judge Presiding
ORDER
On October 4, 2017, Appellant moved this court to supplement the clerk's record in these appeals with a copy of a warranty deed dated March 21, 2005, that was filed in Kendall County on March 29, 2005.
Because there was no assertion or indication that the trial court considered the deed, by our October 5, 2017 order, this court denied Appellant's motion to supplement the clerk's records. See Whitehead v. State, 130 S.W.3d 866, 874 (Tex. Crim. App. 2004) (refusing to consider documents that "were not before the trial court at the time of its ruling").
On October 13, 2017, the Kendall County District Clerk filed the supplemental clerk's records as Appellant had requested.
We hereby STRIKE the three supplemental clerk's records filed on October 13, 2017. There is no assertion or indication that the deed they contain was considered by the trial court, and we will not consider these documents for purposes of these appeals because they "were not before the trial court at the time of its ruling." See id.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of October, 2017.
/s/_________
Keith E. Hottle
Clerk of Court