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Johnson v. State

Court of Appeals of Texas, Fifth District, Dallas
Nov 12, 2021
No. 05-21-00704-CR (Tex. App. Nov. 12, 2021)

Opinion

05-21-00704-CR

11-12-2021

JEROME JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F01-53637-JH

ORDER

ERIN A. NOWELL, JUSTICE

Before the Court is appellant's November 8, 2021 "Motion for and Order for Production of the [sic] of Expert Testimony from the March 24, 2003 Trial Proceedings." In the motion, appellant seeks reports, records, documents, and other items not located in the appellate record.

We DENY the motion. See Delgado v. State, No. 05-19-00821-CR, 2021 WL 4901565, at *9 (Tex. App.-Dallas Oct. 21, 2021, no pet h.) ("The standard we must apply deals only with 'the record evidence adduced at the trial.' This includes evidence both properly and improperly admitted, but it cannot include evidence not admitted.") (internal citations omitted) (citing Flores v. State, 620 S.W.3d 154, 162 (Tex. Crim. App. 2021) (Keller, P.J., dissenting) (cautioning reviewing courts not to focus on evidence that was not admitted at trial, not to engage in "divide and conquer" analysis, or not to act as thirteenth juror.)). .


Summaries of

Johnson v. State

Court of Appeals of Texas, Fifth District, Dallas
Nov 12, 2021
No. 05-21-00704-CR (Tex. App. Nov. 12, 2021)
Case details for

Johnson v. State

Case Details

Full title:JEROME JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 12, 2021

Citations

No. 05-21-00704-CR (Tex. App. Nov. 12, 2021)