Kyle Miller v. State

Opinion

The State of TexasAppellee

Fourth Court of Appeals

San Antonio, Texas

August 5, 2014

No. 04-14-00041-CR

Kyle MILLER,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR5502 Honorable Pat Priest, Judge Presiding

ORDER

On July 16, 2014, we granted pro se appellant Kyle Miller’s motion to correct the record.

We ordered the court reporter to file a corrected record by July 31, 2014. In his response, the court reporter stated that despite his diligent search, neither he nor Appellant’s trial attorney could locate the missing exhibits. The court reporter indicated the exhibits “were marked in the punishment phase and were family photos of the defendant, his daughter and wife or girlfriend.”

Having considered the motion and the court reporter’s response, we conclude the missing exhibits are not necessary to the appeal’s resolution. See TEX. R. APP. P. 34.6(e), (f)(3).

Appellant’s brief is due THIRTY DAYS from the date of this order.

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of August, 2014.

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Keith E. Hottle Clerk of Court