Dennis Garza v. State

NUMBER 13-99-322-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

___________________________________________________________________

DENNIS GARZA

, Appellant,

v.

THE STATE OF TEXAS (ATTORNEY GENERAL)

, Appellee.

___________________________________________________________________

On appeal from the 197th District Court

of Cameron County, Texas.

___________________________________________________________________

O P I N I O N

Before Chief Justice Seerden and Justices Dorsey and Yañez

Opinion by Chief Justice Seerden

This is an appeal from the trial court's order in a suit affecting the parent child relationship, by which Dennis Garza, appellant, was: (1) found to be the father of two minor children; (2) ordered to pay child support; and (3) ordered incarcerated for his failure to pay arrearages on pre-existing child support obligations. By four issues, appellant contends that: (1) there was a conspiracy amongst the trial court, the attorney general, and his appointed attorney; (2) he was denied effective assistance of counsel; (3) false statements were made in the trial court regarding his child support payments; and (4) the trial court "abused its discretion by failing to take judicial notice of the facts."

The record on appeal does not contain a reporter's record. Despite assertions in his brief to the contrary, there is no evidence in the clerk's record that appellant has requested any part of the reporter's record be prepared. Because all of the issues presented by appellant are substantive in their nature, the lack of a reporter's record compels this court to assume that the trial court's actions were proper. See Tex. R. App. P. 34.6 (b)(1); Simon v. York Crane & Rigging Co., Inc., 739 S.W.2d 793, 795 (Tex. 1987); see also American Paging of Texas, Inc. v. El Paso Paging, Inc., 9 S.W.3d 237, 240 (Tex. App.--El Paso 1999, pet. denied) (court of appeals will assume evidence is sufficient to support trial court's judgment in absence of reporter's record); In re Chambers, 5 S.W.3d 341, 343 (Tex. App.--Texarkana 1999, no pet.) (court of appeals will assume trial court acted within the limits of its discretion in absence of reporter's record); McFarland v. State, 845 S.W.2d 824, 843 (Tex. Crim. App. 1992) (court of appeals will assume that appointed counsel's representation did not amount to ineffective assistance in absence of reporter's record). Accordingly, we overrule all of appellant's issues and AFFIRM the trial court's order.

ROBERT J. SEERDEN, Chief Justice

Do not publish

.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this 17th day of August, 2000.