Opinion
NO. 07-11-0475-CR
04-20-2012
JOSEPH NUNEZ, APPELLANT v. THE STATE OF TEXAS, APPELLEE
FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2011-431,064; HONORABLE JIM BOB DARNELL, JUDGE
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
ORDER
Pending before this Court is Appellant's Motion to Supplement Reporter's Record on Appeal wherein Appellant requests that the Reporter's Record in this case be supplemented by portions of the Reporter's Record from trial court cause number 2007-415,790. Appellant's conviction in that case was reversed by this Court after finding the trial court erred in failing to suppress certain evidence. Nunez v. State, No. 07-08-0475-CR, 2010 Tex.App. LEXIS 5878 (Tex.App.-Amarillo July 26, 2010, pet. ref'd). Because evidence pertaining to that offense was offered as punishment evidence in this case, we find the Reporter's Record from the suppression hearing could be relevant to this appeal. Therefore, Appellant's motion is granted and the Clerk of this Court is ordered to transfer the Reporter's Record from the suppression hearing conducted on the 16th and 23rd of October 2008, from Cause No. 07-08-0475-CR, to the record in this case.
It is so ordered.
Per Curiam Do not publish.