Alexis Marie Ireland v. State

Opinion

ACCEPTED 03-14-00616-CR 4086331 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/10/2015 10:41:59 AM JEFFREY D. KYLE CLERK No. 03-14-00616-CR

IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT OF AUSTIN, TEXAS TEXAS AT AUSTIN, TEXAS 2/10/2015 10:41:59 AM JEFFREY D. KYLE Clerk ******** ALEXIS MARIE IRELAND APPELLANT

VS.

THE STATE OF TEXAS ******** ON APPEAL FROM THE 264th DISTRICT COURT OF BELL COUNTY, TEXAS Cause No. 69086

****** STATE’S MOTION FOR LEAVE TO SUPPLEMENT THE RECORD

HENRY GARZA DISTRICT ATTORNEY

BOB D. ODOM ASSISTANT DISTRICT ATTORNEY P.O. Box 540 Belton, Texas 76513 (254) 933-5215 FAX (254) 933-5704 SBA No.15200000 TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW, the undersigned Attorney representing the State of Texas

in this cause and respectfully moves the Court to grant leave to supplement

the record, and in support hereof, would respectfully show the Court as

follows:

I.

The Appellant, Alexis Marie Ireland, has filed his Brief alleging, in part,

that the trial court abused its discretion in ordering the payment of restitution

because the evidence was insufficient to support that order.

II.

Both at the time that the Appellant was placed on deferred adjudication

and community supervision and the time that she was subsequently

adjudicated guilty and sentenced the trial court received and reviewed,

without objection, separate presentence reports. Both reports contain

information upon which the trial court based its order imposing payment of

restitution. It is impossible to fairly resolve the issue on appeal without

access to these reports. III.

The State has requested that the District Clerk of Bell County, Texas

prepare and forward to the court a Supplemental Clerk’s Record containing

the two presentence reports in this case.

WHEREFORE, premises considered, the State respectfully prays this

Court to grant leave to supplement the record in this cause and to order the

clerk of this court to file the Supplemental Clerk’s Record.

Respectfully Submitted,

/s/ Bob D. Odom BOB D. ODOM Assistant District Attorney P.O. Box 540 Belton, Tx 76513 (254) 933-5215 FAX (254) 933-5704 SBA No. 15200000 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of this State’s Motion to

Supplement the Record was served upon Justin Bradford Smith, counsel for

Appellant, by electronic transfer via Email, addressed to him at

Justin@templelawoffice.com, on this the 10th day of February, 2015.

/s/ Bob D. Odom BOB D. ODOM Assistant District Attorney