Kenneth Alleman Midgley, II v. State

Opinion

Order entered December 9, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00299-CR

KENNETH ALLEMAN MIDGLEY, II, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-82836-2017

ORDER Before the Court is appellant’s December 5, 2019 pro se motion to obtain a court order for affidavits from Dr. Compton. We DENY the motion. See TEX. R. APP. P. 34.1 (“The appellate record consists of the clerk’s record and, if necessary to the appeal, the reporter’s record.”); Gelabert v. State, 712 S.W.2d813, 816 (Tex. App.—Houston [1st Dist.] 1986, pet. ref'd) (party may not offer additional testimony in case after testimony is closed and sentence pronounced). Appellant’s pro se response is due January 31, 2020. We DIRECT the Clerk to transmit a copy of this order by electronic transmission to counsel for the State and a copy of this order, by first class mail, to Kenneth Alleman Midgley II; TDCJ No. 02252631; Allred Unit; 2101 FM 369 North; Iowa Park, Texas 76367. .

/s/ ROBERT D. BURNS, III CHIEF JUSTICE