Dove, Damon Kendrick

Opinion

court of Criminal Appeals RECEIVED IN COURT OF CRIW8NWL APPEALS

RE: Trial Court No. 12-DCR-061181A £PR Q12015 COA No. 14-13-00686-CR PDR No. PD-1573-14 "' AbelAcosta, Clerk APPELLANT'S JUDICIAL NOTICE OF PENDING TRIAL COURT ISSUES

COMES NOW/ DAMON KENDRICK DOVE/ pro-se/ in the above styled cause and files this

notice under the authority of articles 1, 10/ and 19 of the Texas Constitution and

articles 1.03/ 1.04; 1.05 and 39.14 of the Texas Code of Criminal Procedure/ and

request this Court to instruct the Trial Court to correct errors in the Reporter's

record so the text accurately disclose what occurred during trial. Before this Honor

able Court Appellant's P.D.R is pending/ so before the proceeding go any farther.

Appellant request that this Court abate the proceedings so the Trial Court can address

this issue presented.

On February 25, 2015, Appellant filed a motion for a hearing on Incomplete/Inaccur

ate records with the 268th Judicial District Court and the motion was denied. The

Court attached affidavits in response but failed to hold a hearing to settle the

dispute/ pursuant to T.R.A.P. 34.6(e)(2). The Trial Court is in direct violation of Appellant's right to Due Process by failing to have Appellant's (pro-se Counsel) present to litigate dispute either by having a hearing via phone or via video confer ence or via court appearance. On March 17, 2015, Appellant filed a motion for re

consideration, to implore the Trial Court to pull the audio for pages in question and

was again denied.

In the interest of -justice, an a&vurate and complete record would clarify the conversation between the trial judge and defense attorney where counsel is offerinq

proof and submitting the medical records through context pursuant to Rule of Evidence 103(a)(2). In order for Appellant to perfect his appeal, it's imparative the Appel- lant/pro-se has a true and accurate record. The Appellant is guarnteed this right

under T.R.A.P. 34.6(e)(2) and the U.S. Constitution amendment 14.

CONCLUSION

The Court must conclude that the Appellant is entitled under the Constitution

a true, accurate, and complete record, so the Appellant will not be deprived of his

right of effective representation. See Tex. Const, art. 1 sec. 10 and U.S. Const,

amendment 6.

PRAYER

For these reasons, Appellant ask this Honorable Court to abate these proceedings

in the interest of justice until Appellant can receive a true, accurate, and complete

copy of the Reporter's record.

Respectfully Submitted;

f^jfyAs^ /Cv9<: Damon Dove, Pro-se TDCJ No. 1880020 Ellis Unit 1697 F M 890 Huntsville, Texas 77343 VERIFICATION OF PLEADING

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

ment of 'Criminal Justice, in Walker .County, Texas, at the Ellis Unit do hereby verify

under penalty of perjury that the foregoing statements are true and correct and I

have personal knowledge of the same on this the (J^J day of jfIflrCf) , 2015, Pursuant to Civil Practice and Remedies Code Section 132.001 thru 132.003.

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