Opinion
No. 05-16-00141-CR
04-06-2016
EX PARTE ROBERT J. CRIDER, II
On Appeal from the County Court at Law No. 5 Collin County, Texas
Trial Court Cause No. 005-84506-08
ORDER
On March 31, 2016, appellant filed an opposed first motion to extend time and the State filed an objection to improper supplementation of the appellate record. In his motion, appellant seeks: (1) an extension of time to allow court reporters Jennifer Corley and Antoinette Varela to prepare and file supplemental reporter's records consisting of full transcripts of pretrial hearings and partial excerpts of trial proceedings from appellant's two trials; and (2) an extension of time to file his overdue brief after the record is supplemented. In its objection, the State opposes further supplementation of the reporter's record, and it objects to the inclusion within the clerk's record of an "offer of proof" appellant filed with the district clerk after the trial court denied his writ application.
In reviewing whether the trial court abused its discretion in denying appellant habeas relief, we are limited to considering the record and evidence as it existed in the trial court. See Galvan v. State, 869 S.W.2d 526, 528 (Tex. App.—Corpus Christi 1993, pet. ref'd). Neither the requested supplemental reporter's records nor the offer of proof were before the trial court at the time it heard and determined appellant's writ application. We conclude the supplemental reporter's records are not relevant to supplement the reporter's record already filed in this case. See TEX. R. APP. P. 34.6(d). The record on appeal, consisting of the reporter's record from the hearing on the application for writ of habeas corpus and the clerk's record of the habeas proceedings appears to be complete. See TEX. R. APP. P. 31.1.
Accordingly, we GRANT the State relief on its objection to the supplemental records. We DIRECT the Clerk not to receive or file any supplemental reporter's records in this cause. The determination of the relevance of the offer of proof will be left to the submission panel.
Appellant's opposed motion to extend time is GRANTED IN PART to the extent we extend the time to file appellant's brief until April 15, 2016. The time to file the State's brief is extended until May 2, 2016. If any party does not file its brief by the date specified, the appeal will be submitted without that party's brief. See TEX. R. APP. P. 31.1.
We DIRECT the Clerk to send copies of this order to Jennifer Corley, Official Court Reporter, Collin County Court at Law No. 6; Antoinette Varela, Official Court Reporter, 366th Judicial District Court; Robert J. Crider, II; and John R. Rolater, Jr., Assistant District Attorney.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE