Opinion
08-26-2013
EX PARTE Richard Anthony BALDEZ
From the County Court at Law No. 4, Bexar County, Texas
Trial Court No. 2519
Honorable Sarah Garrahan-Moulder, Judge Presiding
ORDER
On August 23, 2013, Appellant filed a motion for this court to take judicial notice of the clerk's and reporter's records from appeal number 04-11-00615-CR which Appellant asserts underlies the present habeas corpus application.
We construe Appellant's request as a motion to transfer a copy of the clerk's and reporter's records from appeal number 04-11-00615-CR into this appeal. See generally McDougal v. State, 105 S.W.3d 119, 120-21 (Tex. App.—Fort Worth 2003, pet. ref'd) ("The contents of the clerk's record are not evidence unless the trial court takes judicial notice of them or they are offered into evidence.").
Appellant's motion to transfer a copy of the record is GRANTED. We DIRECT the clerk of this court to place a copy of the clerk's and reporter's records from appeal number 04-11-00615-CR into the appellate record for this appeal.
The appellate timetable remains unchanged; Appellant's brief was due to be filed in this court on August 15, 2013.
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Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of August, 2013.
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Keith E. Hottle
Clerk of Court