Opinion
Appellate case number: 01-18-01014-CR
01-08-2019
Ex parte Cameron Michael Moon
ORDER Trial court case number: 1467534A Trial court: 182nd District Court of Harris County
Appellant, Cameron Michael Moon, has filed a notice of the appeal of the trial court's order denying his application for a writ of habeas corpus. A clerk's record was filed in this appeal on November 16, 2018. Appellant has filed a motion to supplement the clerk's record with a copy of his "Motion to Set Aside Transfer Order and Dismiss for Lack of Jurisdiction" that "was again filed as part of the habeas record in Cause No. 1467534-A on June 19, 2018." "If a relevant item has been omitted from the clerk's record . . . any party may by letter direct the trial court clerk to prepare, certify, and file in the appellate court a supplement containing the omitted item." TEX. R. APP. P. 34.5(c)(1); see id. 34.5(c)(3) ("Any supplemental clerk's record will be part of the appellate record."). Appellant may request the trial court clerk to prepare and file a supplemental clerk's record that contains any omitted item.
We note that, "[i]f a filing designated for inclusion in the clerk's record has been lost or destroyed, the parties may, by written stipulation, deliver a copy of that item to the trial court for inclusion in the clerk's record or a supplement." TEX. R. APP. P. 34.5(e).
Accordingly, we dismiss as moot appellant's motion filed in this Court.
It is so ORDERED. Judge's signature: /s/ Russell Lloyd
[v] Acting individually [ ] Acting for the Court Date: January 8, 2019