In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-11-00592-CR
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JIMMY DON PRICE, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 411th District Court
Polk County, Texas
Trial Cause No. 21122
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ORDER
On February 21, 2013, we abated the appeal to provide the appellant with an
opportunity to investigate the professional licensing status of a testifying expert
witness. On March 27, 2013, appellant filed a motion to remand for a hearing “to
provide for the record” the extent to which the witness complied with the terms of
a disciplinary order of the board regulating the witness’s profession. He provides
no authority permitting an evidentiary hearing under these circumstances. The
supplementation rules cannot be used to create a new record. Berry v. State, 995
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S.W.2d 701, 702 n.5 (Tex. Crim. App. 1999); see also Tex. R. App. P. 34.5(c);
34.6(d). A new record may be created when the trial court erroneously withholds
information necessary to evaluate a defendant’s claim on appeal, but “if the error
in question is subject to the usual rules of procedural default, then it must have
been preserved by objection.” LaPointe v. State, 225 S.W.3d 513, 522 (Tex. Crim.
App. 2007); see also Tex. R. App. P. 44.4. The motion for remand is denied.
ORDER ENTERED April 11, 2013.
PER CURIAM
Before McKeithen, C.J., Kreger and Horton, JJ.
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