Dove, Damon Kendrick

• Court: Court of Appeals of Texas
• Decided: January 9, 2015
• Docket: PD-1573-14
• Status: Published

Opinion

PD-1573-14 RECEIVED IH COURT OF CRIMJNAL1A$elLS MN 09 2015 IN THE COURT OF CRIMINAL APPEALS jr_, of texas MOel Acosta, Clerk

DAMON KENDRICK DOVE § Tt. Ct. No. 12-DCR-061181A § VS. § COA Case No. 14-13-00686-CR § THE STATE OF TEXAS § COCA Case NO. PD-1573-14

APPELLANT'S NOTICE AND OBJECTION TO THE COURT OF CRIMINA&-ED IN APPEALS REGARDING INCOMPLETE AND INACCURATE REPORQQtJ^" fij(g§15/IINAL APPEALS JAN 09 2015 TO THE HONORABLE COURT OF CRIMINAL APPEALS JUSTICES: Abel Acosta, Clerk COMES NOW, DAMON KENDRICK DOVE, pro-se, in the above styled and numbered cause

to give notice and his objection to the Court Reporter's record, because the Record

is both inaccurate and incomplete at volume-4,Pg.31-32, where the trial attorney at tempts to make his offer of proof to the Court.

The conversation that occurred between the Trial Court Judge and defense counsel

is hard to decipher, therefore, appellant is requesting that the Court Reporter,

(Mindy Hall, No. CSR-8107) pull the audio of RR-Volume 4,Pg.31-32, and accurately

transcribe a true, correct, and complete copy of the conversation that took.-.place

during the trial proceedings.

Appellant wants this Honorable Court to be aware and understand that Appellant

can not properly appeal his conviction with these missing, lost, or destroyed inac

curate, incomplete pages, in conjunction with the record are essential to the asses

sment of the appeal process. See: T.R.A.P. 34.6(e)(2). The Court Reporter breached

her fifuciary duties by submitting an inaccurate, incomplete records to appeal at

torney, in his attempt to file a brief on Appellant's behalf, to which I object,

and I respectfully hereby request a hearing to redress the above and foregoing issues

stated above.

In addition, since the Reporter's record is inaccurate and incomplete with miss-

portions of the record, specifically the conversation between the Trial Court Judge 2 of 3

and trial attorney, the appeal brief that was filed and submitted by appeal attorney

(michael Elliot) causes appellant counsel to be ineffective by default and omission

because the appellate brief was filed and submitted in the Court of Appeals based

on an inaccurate and incomplete trial court reporter's record, violating Texas Rules

of Appellate Procedure, and Appellant's Due Process rights.

Respectfully Submitted;

/K7Wvox-\, C^ Damon Kendrick Dove, Pro-se TDCJ No. 1880020 O.B. Ellis Unit 1697 F M 980 Huntsville, Texas 77343 3 of 3

VERIFICATION OF PLEADING

I, Damon Kendrick Dove, TDCJ-No. 1880020, presently incarcerated in the Texas

Department of Criminal Justice, in Walker County, Texas, at the O.B. Ellis Unit,

do hereby vberify under penalty of perjury that the foregoing statements are true

and correct, and I have personal knowkedge of the same on that the y^- day of January , 2015. Pursuant to Civil Practice Remedies Code Section 132.001 thru

132.003.

Respectfully Submitted,

~ \ \ •&—

MSaffion Kendrick Dove, Pro-se TDCJ-No. 1880020 O.B. Ellis Unit 1697 F M 980 Huntsville, Texas 77343