Opinion
05-23-01244-CR
03-18-2024
EBBY DEWAYNE WADE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 073026
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Before the Court is appellant's motion to submit matter to trial court for resolution of factual dispute regarding accuracy of appellate record. The clerk's record was filed February 19, 2024, and the reporter's record has not yet been filed.
To the extent the motion complains of the fact that appellant was not sent the court reporter's transcriptions of hearings and exhibits presented at the hearings, the motion is DENIED. The transcriptions of hearings and the exhibits presented at the hearings are part of the reporter's record, which has not been filed.
To the extent appellant complains that the copy of the clerk's record he received is missing specific pages, the motion is GRANTED, and we direct the Clerk to send appellant copies of pages 245, 246, and 494 from the clerk's record.
In all other respects the motion is DENIED.
We DIRECT the Clerk to send a copy of this order by first class mail to Ebby Dewayne Wade, TDCJ # 02472911, Polunsky Unit, 3872 FM 350 South, Livingston, TX 77351; and by electronic transmission to the Grayson County District Attorney, Appellate Division.