Barry Pizzo v. State

Court of Appeals of Texas·Decided September 22, 2015·No. 03-14-00701-CR·Published

Opinion

ACCEPTED 03-14-00701-CR 7046512 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/22/2015 8:15:59 PM JEFFREY D. KYLE CLERK NO. 03-14-00701-CR

BARRY PIZZO § IN THE FILED IN 3rd COURT OF APPEALS § AUSTIN, TEXAS VS. § THIRD COURT9/22/2015 8:15:59 PM § JEFFREY D. KYLE STATE OF TEXAS § OF APPEALS Clerk

MOTION TO SUPPLEMENT APPELLATE RECORD WITH OMITTED TRANSCRIPTIONS

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes BARRY PIZZO, Appellant in the above styled and numbered

cause, and pursuant to Tex.R.App.Pro. Rule 34.6(d), requests this Court to supplement

the appellate record with omitted transcriptions of trial proceedings, and for good

cause would show as follows:

1. This case is on appeal from the 207th Judicial District Court of Comal

County, Texas.

2. The case below was styled the STATE OF TEXAS vs. BARRY PIZZO,

and numbered CR-2013-146.

3. Appellant was convicted of TAMPERING WITH OR FABRICATING

PHYSICAL EVIDENCE, a felony offense.

4. Appellant was assessed a sentence of confinement in the Texas

Department of Criminal Justice for LIFE.

5. Counsel for appellant has reviewed the partial appellate record submitted

to this Court. Through his review, Counsel has determined that a speedy trial violation occurred and a motion to set aside the indictment due to the speedy trial

violation was denied by the trial court. (RR V 22, 24).

In arguing against the motion to set aside the indictment due to the speedy trial

violation, the State made several allegations regarding the cause for delay. (RR V 11).

Specifically, the State addressed the cause for the delays of the May 2014 trial setting

and the August 2014 trial setting. (RR V 11).

The instant cause was set for trial four separate times. (RR V 6). See also

Exhibit A.

The attached exhibit details the instant matter being set for trial on May 27,

2014. No transcription of announcements made in connection with that trial setting

are part of the present record.1

The attached exhibit details the instant matter being set for trial on July 7, 2014.

No transcription of announcements made in connection with that trial setting are

part of the present record.

The attached exhibit details the instant matter being set for trial on August 18,

2014. Volume 4 of the present reporter’s record is a transcription of the

announcements made in connection with that trial setting.

The attached exhibit details the instant matter being set for trial on September

1 In a separate instance, the State represented that evidence was not provided to the Defense due to its contents including child pornography. (RR V 21). Later in the record, it was revealed that the evidence in question did not contain child pornography. (RR IV 90). Accordingly, while counsel 29, 2014. Volume 5 of the present reporter’s record is a transcription of the

6. Accordingly, the record before this Court is incomplete and does not

provide an adequate basis for review of the merits of potential claims, in particular a

claim regarding a speedy trial violation. At a minimum, the omitted evidentiary items

are believed to be relevant to the evaluation and development of claims relating to

whether appellant was provided his right to a speedy trial.

7. The omitted recordings/transcriptions are currently possessed by the

Official Court Reporter for the 207th Judicial District Court of Comal County, Texas.

8. In order to facilitate a full review of the appellate record by appellate

counsel and by this Court on appellate review, Appellant requests this Court to direct

the Official Court Reporter for the 207th Judicial District Court of Comal County,

Texas to expeditiously forward to this Court for inclusion within the appellate record

transcriptions of any and all settings had in the instant cause to include, but not limited

to, the announcements made in the trial court of the May 27, 2014 trial setting and the

July 7, 2014 trial setting. Additionally, appellant would request the appellate record

be supplemented with transcriptions of each and every setting in the trial court in the

instant matter.

9. Each of the requested transcriptions are essential on appeal to the

for appellant would accept the State’s version of the announcements made in connection with the evaluation and development of claims relating to whether appellant was provided with

a speedy trial.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court

grant this Motion to Supplement the Appellate Record and for such other and further

relief as the Court may deem appropriate.

Respectfully submitted,

THE PASTRANO LAW FIRM, P.C. The Old Cotton Exchange Building 202 Travis Street, Suite 307 Houston, Texas 77002 Telephone: 713.222.1100 Facsimile: 832.218.7114

By:____________________________ E. CHEVO PASTRANO State Bar No. 24037240 chevo@pastranolaw.com

Counsel for Appellant

May 2014 trial setting, a transcription of the announcements can verify those events. CERTIFICATE OF SERVICE

This is to certify that on September 16, 2015, a true and correct copy of the

above and foregoing document was served on the District Attorney's Office, Comal

County, Texas, via facsimile and/or email.

E. Chevo Pastrano 9/14/15, 3:53 PM

Skip to Main Content Logout My Account Search Menu New Criminal Search Refine Search Back Location : Comal Help

REGISTER OF ACTIONS CASE NO. CR2013-146

State of Texas vs. BARRY LOUIS PIZZO § Case Type: Adult Felony § Date Filed: 04/10/2013 § Location: 207th District Court § § PARTY INFORMATION Attorneys Defendant PIZZO, BARRY LOUIS Male White EUSEBIO CHEVO 725 SAN GABRIEL LOOP DOB: 07/19/1957 PASTRANO NEW BRAUNFELS, TX 78132 5' 11", 185 lbs Court Appointed 832-392-6100(W)

ATANACIO CAMPOS Court Appointed 830-620-1515(W)

JAMES PEPLINSKI Court Appointed 210-416-1129(W)

State State of Texas Other 3005 W San Antonio St New Braunfels, TX 78130 CHARGE INFORMATION Charges: PIZZO, BARRY LOUIS Statute Level Date 1. TAMPERING WITH PHYSICAL EVIDENCE-CT.I 37.09(a) PC Third Degree Felony 02/15/2013

2. TAMPERING WITH PHYSICAL EVIDENCE-CT.II 37.09(a) PC Third Degree Felony 02/15/2013

EVENTS & ORDERS OF THE COURT DISPOSITIONS 09/29/2014 Plea (Judicial Officer: Boyer, R. Bruce) 1. TAMPERING WITH PHYSICAL EVIDENCE-CT.I Not Guilty 2. TAMPERING WITH PHYSICAL EVIDENCE-CT.II Not Guilty 10/07/2014 Disposition (Judicial Officer: Boyer, R. Bruce) 1. TAMPERING WITH PHYSICAL EVIDENCE-CT.I Jury Conviction & Sentenced 2. TAMPERING WITH PHYSICAL EVIDENCE-CT.II Jury Conviction & Sentenced 10/07/2014 Life Sentence (Judicial Officer: Boyer, R. Bruce) 1. TAMPERING WITH PHYSICAL EVIDENCE-CT.I Confinement to Commence 10/07/2014 Life, Texas Dept. of Criminal Justice, Texas Department of Criminal Justice CT. I AND II TO RUN C/C COURT COST - $1028.00 2. TAMPERING WITH PHYSICAL EVIDENCE-CT.II Confinement to Commence 10/07/2014 Life, Texas Dept. of Criminal Justice, Texas Department of Criminal Justice CT. I AND II TO RUN C/C COURT COST - $1028.00

OTHER EVENTS AND HEARINGS 02/21/2013 SEARCH WARRANT 03/07/2013 ARREST WARRANT (Judicial Officer: Rust, Mike ) 03/07/2013 MAGISTRATE WARNING (Judicial Officer: Salyers, Ellen ) 03/07/2013 PAUPERS AFFIDAVIT (OCA) (Judicial Officer: Salyers, Ellen ) 03/15/2013 MOTION FOR EXAMING TRIAL 03/19/2013 NOTICE OF HEARING 04/03/2013 REQUEST FOR SUBPOENA 04/03/2013 SUBPOENA ISSUED 04/10/2013 Indictment (OCA)

http://24.153.188.245/CaseDetail.aspx?CaseID=713229 Page 1 of 4 9/14/15, 3:53 PM

Free access — add to your briefcase to read the full text and ask questions with AI

Barry Pizzo v. State, (Tex. Ct. App. 2015).

Barry Pizzo v. State (Barry Pizzo v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.