Opinion
01-23-00568-CR
10-12-2023
Ex parte Domonique Murdock
176th District Court of Harris County Trial court case number: 1826566
ORDER
Richard Hightower Judge.
On September 6, 2023, appellant tendered Appellant's First Amended Brief, but no original brief had been filed. The amended brief contains an appendix with documents that may not be included in an appendix, including the following: (1) reporter's record of July 6, 2023 hearing on defendant's motion for modification of conditions of community supervision; (2) Master Index to reporter's record for hearing regarding writ of habeas corpus; (3) Reporter's record Volume 2 of 3 of July 14, 2023 hearing regarding writ of habeas corpus; and (4) Reporter's record Volume 3 of 3 of July 24, 2023 hearing regarding writ of habeas corpus. On October 6, 2023, counsel filed another First Amended Brief that contains Volume 3 of the reporter's record of the hearing held on July 24, 2023.
Reporter's records may not be included in the appendix to a brief. The reporter's record must be filed by the court reporter. Accordingly, the Court strikes the First Amended Briefs filed on September 6, 2023 and October 6, 2023.
When the Court ordered the brief filed on September 6, 2023, the reporter's record had not yet been filed, and thus, the appellant's brief was not yet due. The reporter's record was filed on August 15, 2023. Accordingly, the Court withdraws its order of August 15, 2023 and orders appellant's brief to be filed within 30 days from the date of this order. The State's brief will be due 30 days after appellant's brief is filed.
It is so ORDERED.