Helton v. State

Full title: JAMES LEE HELTON, Appellant, v. THE STATE OF TEXAS, State.

Court: COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: May 23, 2014

No. 08-13-00288-CR (Tex. App. May. 23, 2014)

Opinion

No. 08-13-00288-CR

05-23-2014

JAMES LEE HELTON, Appellant, v. THE STATE OF TEXAS, State.

PER CURIAM

Appeal from the

120^th District Court

of El Paso County, Texas

(TC# 20110D03238)

ORDER

Pending before the Court is a motion filed by Appellant to compel the trial court clerk to supplement the record with Dr. Rivera's competency evaluation dated September 28, 2011 filed in cause number 20100D02429. See TEX.R.APP.P. 34.5(c)(1). The record has previously been supplemented with competency evaluations filed in cause number 20110D03238. Appellant's motion and a letter from the District Clerk reflect that the competency evaluation in question was filed in a different case, cause number 20100D02429. Appellant is not permitted to supplement the appellate record with documents and evidence which were filed in another case but which were not before the trial court and/or the jury in the instant case. Accordingly, the motion to compel the trial court clerk to supplement the record is DENIED.

IT IS SO ORDERED this 23rd day of May, 2014.

PER CURIAM Before McClure, C.J., Rivera and Rodriguez, JJ.