ACCEPTED
03-14-00616-CR
4086331
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/10/2015 10:41:59 AM
JEFFREY D. KYLE
CLERK
No. 03-14-00616-CR
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
FOR THE THIRD JUDICIAL DISTRICT OF AUSTIN, TEXAS
TEXAS AT AUSTIN, TEXAS 2/10/2015 10:41:59 AM
JEFFREY D. KYLE
Clerk
********
ALEXIS MARIE IRELAND
APPELLANT
VS.
THE STATE OF TEXAS
********
ON APPEAL FROM THE 264th DISTRICT COURT
OF BELL COUNTY, TEXAS
Cause No. 69086
******
STATE’S MOTION FOR LEAVE
TO SUPPLEMENT THE RECORD
HENRY GARZA
DISTRICT ATTORNEY
BOB D. ODOM
ASSISTANT DISTRICT ATTORNEY
P.O. Box 540
Belton, Texas 76513
(254) 933-5215
FAX (254) 933-5704
SBA No.15200000
TO THE HONORABLE JUSTICES OF SAID COURT:
COMES NOW, the undersigned Attorney representing the State of Texas
in this cause and respectfully moves the Court to grant leave to supplement
the record, and in support hereof, would respectfully show the Court as
follows:
I.
The Appellant, Alexis Marie Ireland, has filed his Brief alleging, in part,
that the trial court abused its discretion in ordering the payment of restitution
because the evidence was insufficient to support that order.
II.
Both at the time that the Appellant was placed on deferred adjudication
and community supervision and the time that she was subsequently
adjudicated guilty and sentenced the trial court received and reviewed,
without objection, separate presentence reports. Both reports contain
information upon which the trial court based its order imposing payment of
restitution. It is impossible to fairly resolve the issue on appeal without
access to these reports.
III.
The State has requested that the District Clerk of Bell County, Texas
prepare and forward to the court a Supplemental Clerk’s Record containing
the two presentence reports in this case.
WHEREFORE, premises considered, the State respectfully prays this
Court to grant leave to supplement the record in this cause and to order the
clerk of this court to file the Supplemental Clerk’s Record.
Respectfully Submitted,
HENRY GARZA
District Attorney
/s/ Bob D. Odom
BOB D. ODOM
Assistant District Attorney
P.O. Box 540
Belton, Tx 76513
(254) 933-5215
FAX (254) 933-5704
SBA No. 15200000
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of this State’s Motion to
Supplement the Record was served upon Justin Bradford Smith, counsel for
Appellant, by electronic transfer via Email, addressed to him at
Justin@templelawoffice.com, on this the 10th day of February, 2015.
/s/ Bob D. Odom
BOB D. ODOM
Assistant District Attorney
Alexis Marie Ireland v. State
Combined Opinion