Jerome Johnson v. the State of Texas

Opinion

Order entered November 12, 2021

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-21-00704-CR

JEROME JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F01-53637-JH

ORDER

Before the Court is appellant’s November 8, 2021 “Motion for and Order for

Production of the [sic] of Expert Testimony from the March 24, 2003 Trial

Proceedings.” In the motion, appellant seeks reports, records, documents, and other

items not located in the appellate record.

We DENY the motion. See Delgado v. State, No. 05-19-00821-CR, 2021

WL 4901565, at *9 (Tex. App.—Dallas Oct. 21, 2021, no pet h.) (“The standard

we must apply deals only with ‘the record evidence adduced at the trial.’ This includes evidence both properly and improperly admitted, but it cannot include

evidence not admitted.”) (internal citations omitted) (citing Flores v. State, 620

S.W.3d 154, 162 (Tex. Crim. App. 2021) (Keller, P.J., dissenting) (cautioning

reviewing courts not to focus on evidence that was not admitted at trial, not to

engage in “divide and conquer” analysis, or not to act as thirteenth juror.)).

.

/s/ ERIN A. NOWELL JUSTICE