Order entered August 5, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01194-CR
KEITH WAYNE EDWARDS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F-1216761-K
ORDER
This appeal is REINSTATED.
Appellant’s July 30, 2014 motion to withdraw the order of abatement and to accept
appellant’s brief tendered with the motion is GRANTED. We VACATE our order of June 2,
2014 requiring the trial court to make findings of fact regarding why appellant’s brief was not
filed. Appellant’s brief received by the Clerk of the Court on July 30, 2014 is DEEMED timely
filed on the date of this order.
The State’s brief shall be due THIRTY DAYS from the date of this order.
Appellant has also filed a July 30, 2014 motion to supplement the record on appeal in
which appellant points out the reporter’s record filed does not contain a copy of the DVD
admitted into evidence as State’s Exhibit 13 and contains only partial copies of the DVDs
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admitted into evidence as State’s Exhibits 51 and 52. Appellant further alleges the clerk’s record
is incomplete as filed because the jury charge on punishment is out of order, appears to have
missing pages, and counsel cannot determine if the charge is complete because only the first four
pages of the charge are numbered.
A review of the record filed in this case confirms appellant’s allegations about the
missing and partial exhibits in the reporter’s record. A review of the punishment charge filed
shows that in addition to the first four numbered pages, clerk’s record page 115, the last verdict
form page, is numbered as page “8” in the sequence. Because the clerk’s record contains eight
pages and the pages filed appear to be cohesive and complete except for page “8” being filed out
of order, we conclude the jury charge on punishment is complete.
Accordingly, appellant’s motion to supplement the record is GRANTED IN PART. We
ORDER Deputy Official Court Reporter Kendra Thibodeaux to file, within THIRTY days of
the date of this order, a supplemental reporter’s record consisting of complete copies of the
DVDs admitted into evidence as State’s Exhibits 13, 51, and 52.
/s/ LANA MYERS
JUSTICE
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