Opinion
13-22-00297-CR
10-26-2023
GABRIEL KEITH ESCALANTE, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 92nd District Court of Hidalgo County, Texas.
Before Chief Justice Contreras and Justices Benavides and Longoria
ORDER
PER CURIAM
This cause is before the Court on appellant's motion to reconsider motion to obtain copies of video evidence. Appellant's counsel has experienced technical difficulties in viewing several exhibits. Additionally, it was discovered the disc purportedly containing State's Exhibit 56 provided to this Court is blank or otherwise unviewable.
The Court, having fully examined and considered appellant's motion to reconsider motion to obtain copies of video evidence is of the opinion that, in the interest of justice, should be granted and the items should be made available for appellant counsel's review. Accordingly, appellant's motion to reconsider is granted and appellant's motion to obtain copies is now granted in part and denied in part.
COURT REPORTER IDALIA RAMIREZ IS ORDERED TO PROVIDE A COPY OF THE DISC CONTAINING STATE'S EXHIBIT 56 (OR OTHER DIGITAL FORMAT SUITABLE TO THE CLERK OF THE COURT) WITHIN TWENTY DAYS FROM THE DATE OF THIS ORDER. Upon receipt, the Clerk of the Court is ordered to make available for viewing in the Edinburg location of the Clerk's office the following: disc of State's Exhibit 56, digital copies of State's Exhibits 57, 145A, 145B, and 356, and the contents of the USB labeled State's Exhibit 144. The Clerk of the Court shall provide notice when the items are available for review in the clerk's office.
Furthermore, the Honorable Victoria Guerra, counsel for appellant, is ordered to file the appellant's brief within thirty days from the date these items are made available.