Eric Byron Crayton v. State

Opinion

ACCEPTED

03-14-00570-CR

5848498

THIRD COURT OF APPEALS

AUSTIN, TEXAS

6/26/2015 4:20:35 PM

JEFFREY D. KYLE

CLERK

NO. 03-14-00570-CR

ERIC BYRON CRAYTON § IN THE THIRD FILED IN 3rd COURT OF APPEALS

AUSTIN, TEXAS

VS. § DISTRICT 6/26/2015 COURT4:20:35

OF PM

JEFFREY D. KYLE

THE STATE OF TEXAS § APPEALS OF TEXAS Clerk

MOTION TO ORDER A SUPPLEMENTAL REPORTER’S RECORD

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes the State of Texas, Appellee in the above-styled and -numbered

cause, and moves the Court to order the preparation, certification and filing of a

supplemental reporter’s record for good cause would show the following:

I.

Appellant was convicted by a jury of Tampering with Physical Evidence on

August 11, 2014 in the 207th District Court of Comal County. The jury then

sentenced Appellant to 35 years confinement in the institutional division of the

Texas Department of Criminal Justice. Appellant timely filed his notice of appeal

and requested that the Reporter submit a record containing all exhibits. The State’s

brief is due by July 3, 2015, and will be filed before the deadline.

II.

Mr. Clayten Hearrell is handling this appeal for the State. During further

review of the record while writing the State’s brief, Mr. Hearrell noticed that the

copy of State’s Exhibit 73 he obtained from the Court Reporter omitted part of the

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video which was entered into evidence. Whereas the full version of State’s Exhibit

73 – which the District Clerk has in its possession – is 25 minutes and 58 seconds

long, the version on file with the Third Court is apparently only five minutes and

12 seconds long. The State has need of and intends to cite to portions of the full

video which were omitted from the shorter version on file with the Third Court.1

Accordingly, under rule 34.6(d) of the Texas Rules of Appellate Procedure, the

State has requested that the Reporter prepare, certify and file the full version of

State’s Exhibit 73 in a supplemental reporter’s record. Request, attached.

III.

Out of an abundance of caution, the State moves this Honorable Court to

order the preparation, certification and filing of said supplemental record. Because

the Court will not likely hear or decide the instant motion until 10 days after the

motion is filed, in the event said supplemental record has already been submitted to

the Court, the State alternatively moves the Court to accept the filing of said

supplemental record into the record on appeal. See Tex. R. App. P. 10.3, 34.6(d).

IV.

WHEREFORE, PREMISES CONSIDERED, the State’s counsel

respectfully prays that this Honorable Court order the preparation, certification and

filing of a supplemental record containing the full version (25 minutes and 58

1 Because the State’s brief will be filed before the deadline on July 3, 2015, it will cite to video times in the anticipated supplemental record.

3

seconds) of State’s Exhibit 73, or in the alternative, that it allow the filing of said

supplemental record into the record on appeal if it has already been submitted to

the Court when the instant motion is heard and decided.

Respectfully submitted,

/s/ Joshua D. Presley Joshua D. Presley SBN: 24088254 preslj@co.comal.tx.us Comal Criminal District Attorney’s Office 150 N. Seguin Avenue, Suite 307 New Braunfels, Texas 78130 Ph: (830) 221-1300 / Fax: (830) 608-2008

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CERTIFICATE OF SERVICE

I, Joshua D. Presley, Assistant District Attorney for the State of Texas,

Appellee, hereby certify that a true and correct copy of this Motion to Order a

Supplemental Reporter’s Record has been delivered to the following:

Mary Scopas Court Reporter scopam@co.comal.tx.us 207th District Court 150 N. Seguin Ave., Suite 317 New Braunfels, TX 78130

Richard E. Wetzel Attorney for Appellant ERIC BYRON CRAYTON on Appeal wetzel_law@1411west.com 1411 West Avenue Suite 100 Austin, TX 78701

By electronically sending it to the above-listed email addresses through

efile.txcourts.gov e-filing service this 26th day of June, 2015.

/s/ Joshua D. Presley Joshua D. Presley

CAUSE NO. CR2012-225

(APPELLATE CAUSE NO. 03-14-00570-CR) '-'

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STATE OF TEXAS § IN THE DISTRICT o®.

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RE UEST TO FILE SUPPLEMENTAL REPORTER'S RECO

TO THE HONORABLE REPORTER OF SAID COURT:

Now comes the State of Texas, by and through its Assistant District

Attorney, and requests pursuant to rule 34.6(d) of the Texas Rules of Appellate

Procedure that the Court Reporter prepare, certify, and file in the Court of Appeals

for the Third District of Texas- in Appellate Cause Number 03-14-00570-CR- a

supplemental Reporter's Record containing the following items:

a) The full and complete video entered into evidence as State's Exhibit 73 in CR2012-225, totaling approximately 25 minutes and 58 seconds. 1

b) This State's Request to File Supplemental Reporter's Record.

Because the Defendant/Appellant is indigent, the record is to be prepared at

taxpayer expense.

1 While the District Clerk appears to have the full version (25 minutes and 58 seconds long) on file, the version of State's Exhibit 73 currently on file with the Third Court of Appeals appears to contain only a portion of the exhibit (around five minutes and 12 seconds long).

Respectfully submitted,

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CERTIFICATE OF SERVICE

I, Joshua D. Presley, Assistant District Attorney for the State of Texas, hereby certify that a true and correct copy of the above and foregoing Request to File a Supplemental Reporter's Record was sent to the following:

Mary Scopas Court Reporter 20th District Court 150 N. Seguin Ave., Suite 317 New Braunfels, TX 78130 Fax: (830) 608-2030

Richard E. Wetzel Attorney for Appellee ERIC BYRON CRAYTON on Appeal wetzel_law@ 1411 west. com 1411 West A venue, Suite 100 Austin, TX 78701 Fax: (512) 474-5594

By fax to the above-listed numbers on this the 26th day of June, 2015.