Order filed October 25, 2012.
In The
Fourteenth Court of Appeals
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NO. 14-12-00895-CR
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JOE ANTHONY MARTINEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 338th District Court
Harris County, Texas
Trial Court Cause No. 765967
ORDER
This is an appeal from the trial court’s order signed May 8, 2012, denying DNA
testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure. The clerk’s
record was filed September 28, 2012. The record contains a letter from appellant in which
he states that a motion for new trial was timely filed.
Our review has determined that a relevant item has been omitted from the clerk’s
record. See Tex. R. App. P. 34.5(c). The record does not contain Appellant’s Motion for
New Trial from the denial of DNA testing filed on or about June 8, 2012.
The Harris County District Clerk is directed to file a supplemental clerk’s record
on or before November 16, 2012, containing Appellant’s Motion for New Trial from the
denial of DNA testing filed on or about June 8, 2012.
If the omitted item is not part of the case file, the district clerk is directed to file a
supplemental clerk’s record containing a certified statement that the omitted item is not a
part of the case file.
PER CURIAM