Opinion
No. 07-07-0403-CR
June 18, 2008. DO NOT PUBLISH.
Appealed from the 410th District Court of Montgomery County; No. 07-07-07649-CR; Honorable K. Michael Mayes, Judge.
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ORDER DIRECTING TRANSFER OF EXHIBIT
Following pleas of not guilty, Appellant, James Milton Roberts, was convicted of two counts of aggravated sexual assault of a child, enhanced. Punishment was assessed at concurrent life sentences. By Order of the Texas Supreme Court, his appeal was transferred from the Ninth Court of Appeals to this Court. Pending before this Court is the State's Motion to Send Original Exhibit to Court of Appeals by which it seeks to compel the District Clerk of Montgomery County to forward to this Court a compact disk marked State's Exhibit 5, which was played for the jury over Appellant's objection. The State also moves that this Court return the exhibit to the Montgomery County District Clerk upon issuance of mandate. We grant the motion. Pursuant to Rule 34.6(g)(2) of the Texas Rules of Appellate Procedure, Barbara Gladden Adamick, District Clerk of Montgomery County, is directed to forward State's Exhibit 5 to the Clerk of this Court on or before July 18, 2008. Upon issuance of mandate the Clerk of this Court will return State's Exhibit 5 to the Montgomery County District Clerk. It is so ordered.