Opinion
01-22-00398-CR
11-15-2022
Dennis Gallien v. The State of Texas
339th District Court of Harris County Trial court case number: 1541083
ORDER
RICHARD HIGHTOWER, JUDGE
On November 2, 2022, appellant filed a motion to halt the briefing schedule until the record is complete, arguing that exhibits were missing and that his attempts to communicate with the court reporter had been unsuccessful. Appellant also filed a motion to order the court reporter to file exhibits. On November 14, 2022, appellant filed a second motion to halt the briefing schedule or alternatively, for an extension of time.
Although the reporter's record index fails to mention any exhibits offered or admitted during trial, a review of the record reveals that 19 exhibits were admitted in volumes three and four of the reporter's record.
"If anything relevant is omitted from the reporter's record, the trial court, the appellate court, or any party may by letter direct the official court reporter to prepare, certify, and file in the appellate court a supplemental reporter's record containing the omitted items." Tex.R.App.P. 34.6(d). Because 19 exhibits are not included in the reporter's record, the Court grants appellant's motion to order the court reporter to file exhibits and orders the court reporter to file a supplemental reporter's record containing the 19 missing exhibits within 15 days of the date of this order. The missing exhibits are as follows:
State's Exhibits 1-3: google maps
State's Exhibit 4: security video clip (offered by defense)
State's Exhibits 5-9: video clips or stills
State's Exhibit 10: February 10, 2017 photo array witness admonishment form (suppressed; offered only for suppression hearing)
State's Exhibit 11: photo array with one individual's photo circled (suppressed; offered only for suppression hearing)
State's Exhibit 12: video interview of appellant
State's Exhibits 14-15, 17: pen packets and jail cards
State's Exhibit 18: judgment against appellant for prostitution
State's Exhibit 19: judgment against appellant for evading arrest
State's Exhibit 20: current disciplinary history for appellant
Because appellant's brief is not due until the complete record has been filed, the Court grants appellant's motions to halt the briefing schedule. See Tex. R. App. P.38.6(a). Appellant's brief will not be due until 30 days after the supplemental reporter's record containing all 19 exhibits is filed
It is so ORDERED.