the State of Texas v. Ruben A. Lara-Alvarado

Opinion

Order entered February 15, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00592-CR

THE STATE OF TEXAS, Appellant

V.

RUBEN A. LARAALVARADO, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F20-61117-U

ORDER

The clerk’s record filed in this appeal is defective. Many of the entries in

the index of the clerk’s record do not contain the page number for the listed

document. Some of the entries that do list a page number are incorrect.

The Texas Rules of Appellate Procedure, Appendix C, Rule 1.1(i) requires

the clerk to “prepare and include after the front cover of the clerk’s record a

detailed table of contents identifying each document in the entire record (including

sealed documents), the date each document was filed, and, except for sealed documents, the page on which each document begins.” TEX. R. APP. P., App. C.,

R. 1.1(i) (emphasis added).

Because the clerk’s record for this appeal does not contain an index or table

of contents that complies with the rule, we STRIKE the clerk’s record filed in this

appeal, and we ORDER Felicia Pitre, Dallas County District Clerk, to file within

FIFTEEN DAYS from the date of this order the clerk’s record for this appeal that

complies with the Texas Rules of Appellate Procedure. (The clerk’s record for the

companion case, court of appeals cause no. 05-22-00593-CR, trial court cause no.

F20-61118-U, appears to comply with the rule regarding table of contents.)

We DIRECT the Clerk to send copies of this order to Felicia Pitre, Dallas

County District Clerk, and to counsel for all parties.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE