in Re: Danny Dale Weisinger, Sr.

• Court: Court of Appeals of Texas
• Decided: July 31, 2007
• Docket: 12-07-00267-CR
• Status: Published

Opinion

                NO. 12-07-00267-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§

IN RE: DANNY DALE WEISINGER, SR.,           

§                                  ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

            Danny Dale Weisinger, Sr. was convicted of aggravated assault with a deadly weapon, sentenced to twenty years of imprisonment, and fined seven thousand dollars.  We affirmed the conviction, see Weisinger v. State, No. 12-03-00274-CR, 2004 WL 3103643 (Tex. App.–Tyler Jan. 12, 2005, pet. ref’d) (mem. op., not designated for publication), and issued our mandate on October 11, 2005.  In the instant proceeding, Weisinger contends that he is entitled to mandamus because the reporter’s record in the appeal was incomplete.  Specifically, he asserts that the reporter did not transcribe the hearing at which his appointed appellate counsel was permitted to withdraw and therefore a “critical part” of the appellate record was not filed with this court.

            The Texas Rules of Appellate Procedure provide that if anything relevant is omitted from the reporter’s record, the trial court, the appellate court, or any party may by letter direct the official court reporter to prepare, certify, and file in the appellate court a supplemental reporter’s record containing the omitted items.  Tex. R. App. P. 34.6(d).  However, we are not aware of any authority, and Weisinger has cited none, authorizing postappeal supplementation of the appellate record under the facts presented here.  Weisinger does not specify whether he seeks mandamus relief against the trial court or the court reporter.  In either instance, Weisinger has failed to show that he is entitled to the relief requested.  Accordingly, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

                                                                                  JAMES T. WORTHEN   

                                                                                           Chief Justice

Opinion delivered July 31, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)