Opinion
No. 05-17-00697-CR
11-06-2017
JAMES EDWARD HIGHTOWER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3 Dallas County, Texas
Trial Court Cause No. F16-75485-J
ORDER
Before the Court is appellant's November 1, 2017 motion to supplement the record and his November 2, 2017 motion for extension of time to file his brief. In his motion to supplement, appellant points out that the reporter's record does not contain oversized photos admitted into evidence as State's Exhibits 1, 147, 148, and 160; a DVD recording and its protective envelope admitted into evidence as State's Exhibits 58 and 58A; a DVD of data extracted from a cellular telephone admitted into evidence as State's Exhibit 150; and photographs of cellphones and a firearm admitted into evidence as State's Exhibits 154, 155, and 161. We further note that the record does not contain a photograph of the shell casings admitted into evidence as State's Exhibit 153.
We GRANT appellant's motions to the following extent. We ORDER Official Court Reporter Kimberly R. Xavier to file, within FIFTEEN DAYS of the date of this order, a supplemental reporter's record containing reduced copies of State's Exhibits 1, 147, 148, and 160 and copies of State's Exhibits 58 and 150. If Xavier is unable to provide copies of the exhibits, she is ORDERED to file the original exhibits with the Clerk of the Court.
Ms. Xavier is further ORDERED to include in the supplemental reporter's record photographs of the physical evidence admitted into evidence as State's Exhibits 153, 154, 155, and 161 and of the envelope admitted into evidence as State's Exhibit 58A.
The time to file appellant's brief is EXTENDED to FORTY-FIVE DAYS from the date of this order.
The Clerk of the Court is DIRECTED to transmit copies of this order, by electronic transmission, to Official Court Reporter Kimberly R. Xavier and to counsel for the parties.
/s/ ADA BROWN
JUSTICE