court of Criminal Appeals RECEIVED IN
COURT OF CRIW8NWL APPEALS
RE: Trial Court No. 12-DCR-061181A £PR Q12015
COA No. 14-13-00686-CR
PDR No. PD-1573-14 "'
AbelAcosta, Clerk
APPELLANT'S JUDICIAL NOTICE OF PENDING TRIAL COURT ISSUES
COMES NOW/ DAMON KENDRICK DOVE/ pro-se/ in the above styled cause and files this
notice under the authority of articles 1, 10/ and 19 of the Texas Constitution and
articles 1.03/ 1.04; 1.05 and 39.14 of the Texas Code of Criminal Procedure/ and
request this Court to instruct the Trial Court to correct errors in the Reporter's
record so the text accurately disclose what occurred during trial. Before this Honor
able Court Appellant's P.D.R is pending/ so before the proceeding go any farther.
Appellant request that this Court abate the proceedings so the Trial Court can address
this issue presented.
On February 25, 2015, Appellant filed a motion for a hearing on Incomplete/Inaccur
ate records with the 268th Judicial District Court and the motion was denied. The
Court attached affidavits in response but failed to hold a hearing to settle the
dispute/ pursuant to T.R.A.P. 34.6(e)(2). The Trial Court is in direct violation
of Appellant's right to Due Process by failing to have Appellant's (pro-se Counsel)
present to litigate dispute either by having a hearing via phone or via video confer
ence or via court appearance. On March 17, 2015, Appellant filed a motion for re
consideration, to implore the Trial Court to pull the audio for pages in question and
was again denied.
In the interest of -justice, an a&vurate and complete record would clarify the
conversation between the trial judge and defense attorney where counsel is offerinq
proof and submitting the medical records through context pursuant to Rule of Evidence
103(a)(2). In order for Appellant to perfect his appeal, it's imparative the Appel-
lant/pro-se has a true and accurate record. The Appellant is guarnteed this right
under T.R.A.P. 34.6(e)(2) and the U.S. Constitution amendment 14.
CONCLUSION
The Court must conclude that the Appellant is entitled under the Constitution
a true, accurate, and complete record, so the Appellant will not be deprived of his
right of effective representation. See Tex. Const, art. 1 sec. 10 and U.S. Const,
amendment 6.
PRAYER
For these reasons, Appellant ask this Honorable Court to abate these proceedings
in the interest of justice until Appellant can receive a true, accurate, and complete
copy of the Reporter's record.
Respectfully Submitted;
f^jfyAs^ /Cv9<:
Damon Dove, Pro-se
TDCJ No. 1880020
Ellis Unit
1697 F M 890
Huntsville, Texas 77343
VERIFICATION OF PLEADING
I, Damon Kendrick Dove, TDCJ No. 1880020, presently incarcerated in the Texas Depart
ment of 'Criminal Justice, in Walker .County, Texas, at the Ellis Unit do hereby verify
under penalty of perjury that the foregoing statements are true and correct and I
have personal knowledge of the same on this the (J^J day of jfIflrCf) , 2015,
Pursuant to Civil Practice and Remedies Code Section 132.001 thru 132.003.
Respectfully Submitted;
Damon Kendrick Dove, Pro-se
TDCJ No. 1880020
Ellis Unit
1697 F M 980
Huntsville, Texas 77343