Opinion
08-23-00239-CR
07-11-2024
CLARISSA GUERRA, Appellant, v. THE STATE OF TEXAS, State.
Appeal from 83rd Judicial District Court of Val Verde County, Texas (TC# 2021-0159-CR)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Texas Rule of Appellate Procedure 10.4 (a), the Motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
Following a January 2023 jury trial in the 83rd Judicial District Court of Val Verde County, Appellant was found guilty of one First Degree Felony count of Murder and one Third Degree Felony count of Tampering with Evidence. Appellant has raised an issue regarding whether her March 12, 2021 statement was given voluntarily. That statement was recorded on a DVD and admitted into evidence as State's Exhibit 56 during the trial. Currently, the Reporter's Record contains only a photocopy of the outside of the DVD. The Court finds it necessary to review the actual exhibit.
This case was transferred from the Fourth Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See Tex. Gov't Code Ann. § 73.001.
Texas Rule of Appellate Procedure 34.6(d) provides that if "anything relevant" to the appeal is omitted from the Reporter's Record, the trial court, appellate court, or any party may direct the official court reporter to prepare, certify, and file a Supplemental Reporter's Record containing the omitted items.
Therefore, the Court, on its own motion, ORDERS Whitney Harry, Texas CSR 8994, Official Court Reporter for the 83rd Judicial District Court of Val Verde County, Texas, to transmit a true and correct copy of Exhibit 56 by secure mail or delivery service (or electronically if possible). The Exhibit must be filed within fifteen days of the date of this Order.
IT IS SO ORDERED.