Opinion
No. 04-16-00576-CR No. 04-16-00577-CR No. 04-16-00578-CR
10-05-2017
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
Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice
The clerk's record in these consolidated appeals has been on file with this court since December 14, 2016. Appellant filed her brief on May 3, 2017, and the State filed its brief on September 7, 2017. On October 4, 2017, appellant filed a motion to supplement the clerk's record with a copy of a deed that does not appear to have been part of the record before the trial court. This court will not consider evidence that was not considered by the trial court in the underlying proceedings. See Whitehead v. State, 130 S.W.3d 866, 874 (Tex. Crim. App. 2004)(affidavits not before trial court at time of its ruling cannot be reviewed on appeal); see also FinServ Cas. Corp. v. Transamerica Life Ins. Co., 523 S.W.3d 129, 147 (Tex. App.—Houston [14th Dist.] 2016, pet. denied) ("Taking judicial notice of documents not considered by the trial court often is not appropriate because, in analyzing the merits of an appeal, appellate courts generally cannot consider evidence not before the trial court when the court made the challenged ruling.").
Therefore, appellant's motion to supplement the clerk's record is DENIED.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of October, 2017.
/s/_________
Keith E. Hottle
Clerk of Court