John F. Seay v. State

Court of Appeals of Texas·Decided September 27, 2018·No. 05-18-00363-CR·Published

Opinion

Order entered September 27, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00362-CR No. 05-18-00363-CR No. 05-18-00364-CR

JOHN F. SEAY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F17-44837-P, F17-44838-P & F17-44846-P

ORDER Because appellant did not provide written verification that the reporter’s record had been

requested as ordered by the Court, we ordered these appeals submitted without a reporter’s

record. Nine days later, the reporter’s record was filed.

Before the Court is appellant’s September 25, 2018 motion asking the Court to reconsider

its ruling. We GRANT appellant’s motion and VACATE that portion of our September 10,

2018 order that ordered these appeals submitted without the reporter’s record.

After reviewing the reporter’s record, we note that State’s Exhibit 1, a DVD containing

the body camera video, offered and admitted during the hearing on appellant’s motion to

suppress, was not filed with the reporter’s record and has not been filed in a supplemental reporter’s record. We ORDER court reporter Lisabeth Kellet to file a supplemental reporter’s

record containing a true and correct playable copy of State’s Exhibit 1 WITHIN TEN DAYS

OF THE DATE OF THIS ORDER.

Appellant’s brief is DUE October 10, 2018.

/s/ LANA MYERS JUSTICE

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