Opinion
No. 05-17-00817-CR
08-21-2017
ALBERT R. MARTINEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Tarrant County, Texas
Trial Court Cause No. 1454860D
ORDER
Before the Court is appellant's August 14, 2017 motion for original exhibits to be filed.
This appeal was transferred to this Court on July 14, 2017 by the Texas Supreme Court pursuant to its docket equalization order. TEX. GOV'T CODE ANN. § 73.001 (West 2013). Two days before the appeal was transferred, the reporter's record was filed. Volume ten of the reporter's record is the exhibit volume. A review of the record shows the State introduced twenty-one exhibits. According to the exhibit index, exhibits 1, 2, and 4 are DVDs, and exhibit 3 is a CD. Only exhibits 1 and 3 were filed in this Court; according to the court reporter's certification, the court reporter was unable to convert exhibits 2 and 4 and, therefore, did not file them. The exhibit volume also does not contain exhibits 5 through 13, all of which appear to be photographs. Although each identifying page for exhibits 5 through 13 states "Original exhibit available from District Clerk's Office," nothing in the record indicates why these exhibits were not filed.
We GRANT appellant's August 14, 2017 motion to the extent that we ORDER court reporter Andrea Reed to file, within TWENTY DAYS, of the date of this order, a supplemental reporter's record containing copies of State's exhibits 5 through 13. If Ms. Reed is unable to make 8 x 11 or 8 x 14 copies of State's exhibits 5 through 13, we ORDER her to file the original exhibits 5 through 13.
We also ORDER court reporter Andrea Reed to file, within TWENTY DAYS, of the date of this order, DVD copies of exhibits 2 and 4, with the court reporter certification regarding these two exhibits attached to the copies.
We DIRECT the Clerk to send copies of this order to the Honorable Elizabeth Beach, Presiding Judge, Criminal District Court No. 1; Andrea L. Reed, official court reporter, Criminal District Court No. 1; Paul Francis; and the Tarrant County District Attorney's Office.
/s/ ADA BROWN
JUSTICE