Brayan Oliver Melchor v. State

• Court: Court of Appeals of Texas
• Decided: February 24, 2020
• Docket: 13-19-00414-CR
• Status: Published

Opinion

NUMBER 13-19-00414-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

BRAYAN OLIVER MELCHOR, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 430th District Court of Hidalgo County, Texas.

ORDER OF ABATEMENT Before Justices Benavides, Hinojosa, and Tijerina Order Per Curiam

This appeal is before the Court on appellant’s motion to supplement the record to

include State’s Disclosures Under Brady v. Maryland and the Michael Morton Act as well

as judgments from co-defendant’s criminal cases

When a relevant item has been omitted from the clerk’s record, the appellate court may by letter direct the trial court clerk to prepare, certify, and file in the appellate court a

supplemental clerk’s record containing the omitted item or items. See TEX. R. APP. P.

34.5(c)(1). Accordingly, the motion to supplement is hereby GRANTED and this appeal

is ABATED.

The trial court clerk of the 430th District Court of Hidalgo County is directed to

prepare a supplemental appellate record in this case to include the State’s Disclosures

filed on September 11, 2019. The 430th District Court of Hidalgo County is further

directed to make findings whether the judgments for the related judgments requested in

appellant’s motion are relevant and necessary for purposes of this appeal. The

supplemental record shall be filed with this Court within 30 days from the date of this

order.

It is further ordered, this appeal will be reinstated upon receipt of the supplemental

clerk record, and Appellant’s brief is due sixty days after the supplemental record is filed.

IT IS SO ORDERED.

PER CURIAM

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed the 24th day of February, 2020.