NO. 07-03-0493-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
JUNE 23, 2005
______________________________
RAY GUTIERREZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 154TH DISTRICT COURT OF LAMB COUNTY;
NO. 3729; HONORABLE FELIX KLEIN, JUDGE
_______________________________
Before QUINN, C.J., REAVIS, J., and BOYD, S.J. (1)
ORDER
Appellant Ray Gutierrez perfected this appeal from a conviction for delivery of a controlled substance, enhanced, and was sentenced to 99 years confinement and a $20,000 fine. By his first issue, he questions whether the evidence is sufficient to support his conviction based on article 38.141 of the Texas Code of Criminal Procedure. Rule 34.6(c)(5) of the Texas Rules of Appellate Procedure provides that where the sufficiency of the evidence is challenged, the reporter's record must include all the evidence admitted at the trial on the issue of guilt or innocence and punishment.
The reporter's record filed contains only excerpts of testimony. According to the official court reporter's certification, the reporter's record contains all portions of evidence and other proceedings requested in writing by counsel. However, neither the clerk's record nor the supplemental clerk's records contain a request for preparation of the reporter's record. See Tex. R. App. P. 34.5(a)(9) & 34.6(b). We direct retained counsel for appellant, Angela L. French, to make arrangements for preparation of the entire reporter's record on or before Friday, July 15, 2005. Should appellant make satisfactory arrangements for preparation of the reporter's record, we also direct Paige S. Eichman, Official Court Reporter of the 154th District Court of Lamb County, to prepare and file the entire reporter's record with the Clerk of this Court on or before August 15, 2005.
Should Ms. French fail to comply with our directive, we will apply the presumption in Rule 34.6(c)(4) that the partial reporter's record constitutes the entire record for reviewing appellant's complaints even if a challenge to the sufficiency of the evidence is presented.
It is so ordered.
Per Curiam
Do not publish.
1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.