Allan McDowell v. State
This text of Allan McDowell v. State (Allan McDowell v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order entered July 26, 2017
In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00431-CR No. 05-17-00432-CR
ALLAN MCDOWELL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F11-59851-P, F11-61628-P
ORDER Before the Court is appellant’s July 21, 2017 motion for copy of an exhibit in which
appellant requests that the Court provide him with a copy of a letter admitted into evidence as
State’s Exhibit 2 during his adjudication hearing. Because the Court does not have a copy of
State’s Exhibit 2, the Court DENIES appellant’s motion.
No exhibits were included in the reporter’s record. Rather, the court reporter noted in the
reporter’s record that the exhibits were “Contained in Court’s File.” At the time it was admitted
into evidence, State’s Exhibit 2 was described as a letter filed with the trial court by the
complainant at the time appellant entered his plea in cause no. 05-17-00431-CR. The prosecutor
stated that the letter was already part of the trial court’s file. A review of the clerk’s record in cause no. 05-17-00431-CR shows no document expressly labeled as State’s Exhibit 2 and no
document that would match the description of the exhibit given in the reporter’s record.
Accordingly, we ORDER the Dallas County District Clerk to file, within fourteen days
of the date of this order, a supplemental clerk’s record containing State’s Exhibit 2. In the event
the Dallas County District Clerk does not have possession of State’s Exhibit 2, the Clerk
shall file a letter with the Court reporting State’s Exhibit 2 is not in the Clerk’s possession.
We EXTEND the time to file appellant’s brief to thirty days from the date of this
order.
We DIRECT the Clerk to send copies of this order to Dallas County District Clerk
Felicia Pitre and to counsel for all parties.
/s/ ADA BROWN JUSTICE
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
Allan McDowell v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allan-mcdowell-v-state-texapp-2017.