Opinion
05-22-01299-CR
10-13-2023
DEXTER FARLOUGH, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F21-76281-J
ORDER
DENNISE GARCIA JUSTICE
Before the Court is the State's motion to supplement the record on appeal and to hold the briefing schedule in abeyance. We GRANT the motion as follows.
The reporter's record filed June 26, 2023, is incomplete because it does not include State's exhibits 4 and 6.
The cover page for State's exhibit 4 states the exhibit is a DVD of surveillance video described as "William Steele - Alley." The cover page also says, "(Could not Duplicate) (Original Should Be Requested by Order of the Court)."
The cover page for State's exhibit 6 states that the exhibit is a CD of a "Phone Call." The court reporter has not indicated that State's exhibit 6 cannot be filed through the TAMES portal.
It is the court reporter's duty to file the reporter's record, including all exhibits, in an electronic format through the Texas Appeals Management and E-filing System records submission portal (TAMES). See TEX. R. APP. P. App. C, R. 2(b); Unif. Format Manual for Tex. Reporter's Recs. § 8 (amended June 28, 2010), https://www.txcourts.gov/All_Archived_Documents/SupremeCourt/Administrative Orders/miscdocket/10/10907700.pdf.
Audio and video files may be submitted in MP3 or MP4 formats. Off. of Ct. Admin. TAMES RSP User Guide 7 (2013), https://rsp.txcourts.gov/training/TAMES-RSP-User-Guide.pdf. When an exhibit exceeds the maximum file size to pass through the TAMES portal, the court reporter must separate the exhibit file into multiple smaller files that meet the TAMES portal's limits. See Uniform Format Manual at §§ 8.9, 8.10; Off. of Ct. Admin. TAMES RSP User Guide 8 (2013), https://rsp.txcourts.gov/training/TAMES-RSP-User-Guide.pdf.
Physical media cannot be sent to the appellate court unless the appellate court orders the physical item filed. See Uniform Format Manual at §§ 8.9. 8.10.
We ORDER official court reporter Kimberly Xavier to file State's exhibit 6 through the TAMES portal within FIFTEEN DAYS of the date of this order. If Ms. Xavier is unable to file State's exhibit 6 through the TAMES portal, then she shall file a written statement within FIFTEEN DAYS of the date of this order setting forth the reasons the exhibit cannot be filed with this Court.
We further ORDER Ms. Xavier to file the original of State's exhibit 4 within FIFTEEN DAYS of the date of this order.
The State's brief is due THIRTY DAYS after State's exhibits 4 and 6 are filed.
We DIRECT the Clerk to send copies of this order to Kimberly Xavier, Official Court Reporter for Criminal District Court No. 3, and counsel for all parties.