Opinion
NUMBER 13-17-00150-CR
10-16-2017
MARCO MEDRANO, Appellant, v. THE STATE OF TEXAS, Appellee.
On Appeal from the 319th District Court of Nueces County, Texas.
ORDER
Before Justices Rodriguez, Benavides, and Longoria
Order Per Curiam
This cause is before the Court on the State's motion to direct the trial court clerk to supplement the record. The clerk's record in this cause was filed on May 1, 2017. The State has advised this Court that the trial court took notice and considered a presentence report filed on October 14, 2016. The State requests this Court order the trial court clerk to file a supplemental clerk's record containing the presentence report.
When a relevant item has been omitted from the clerk's record, the appellate court may by letter direct the trial court clerk to prepare, certify, and file in the appellate court a supplemental clerk's record containing the omitted item or items. See TEX. R. APP. P. 34.5(c)(1). Accordingly, the State's motion is GRANTED.
The trial court clerk of the 319th District Court of Nueces County is directed to prepare a supplemental appellate record in this case to include the presentence report filed on October 14, 2016. The supplemental record shall be filed with this Court within ten days from the date of this order.
IT IS SO ORDERED.
PER CURIAM Delivered and filed this the 16th day of October, 2017.