ACCEPTED
03-14-00701-CR
6942386
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/15/2015 11:28:43 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00701-CR
BARRY PIZZO § IN THE FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
VS. § THIRD COURT9/15/2015 11:28:43 PM
§ JEFFREY D. KYLE
STATE OF TEXAS § OF APPEALS Clerk
MOTION TO SUPPLEMENT
APPELLATE RECORD WITH OMITTED TRANSCRIPTIONS
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes BARRY PIZZO, Appellant in the above styled and numbered
cause, and pursuant to Tex.R.App.Pro. Rule 34.6(d), requests this Court to supplement
the appellate record with omitted transcriptions of trial proceedings, and for good
cause would show as follows:
1. This case is on appeal from the 207th Judicial District Court of Comal
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. BARRY PIZZO,
and numbered CR-2013-146.
3. Appellant was convicted of TAMPERING WITH OR FABRICATING
PHYSICAL EVIDENCE, a felony offense.
4. Appellant was assessed a sentence of confinement in the Texas
Department of Criminal Justice for LIFE.
5. Counsel for appellant has reviewed the partial appellate record submitted
to this Court. Through his review, Counsel has determined that a speedy trial
violation occurred and a motion to set aside the indictment due to the speedy trial
violation was denied by the trial court. (RR V 22, 24).
In arguing against the motion to set aside the indictment due to the speedy trial
violation, the State made several allegations regarding the cause for delay. (RR V 11).
Specifically, the State addressed the cause for the delays of the May 2014 trial setting
and the August 2014 trial setting. (RR V 11).
The instant cause was set for trial four separate times. (RR V 6). See also
Exhibit A.
The attached exhibit details the instant matter being set for trial on May 27,
2014. No transcription of announcements made in connection with that trial setting
are part of the present record.1
The attached exhibit details the instant matter being set for trial on July 7, 2014.
No transcription of announcements made in connection with that trial setting are
part of the present record.
The attached exhibit details the instant matter being set for trial on August 18,
2014. Volume 4 of the present reporter’s record is a transcription of the
announcements made in connection with that trial setting.
The attached exhibit details the instant matter being set for trial on September
1
In a separate instance, the State represented that evidence was not provided to the Defense due to
its contents including child pornography. (RR V 21). Later in the record, it was revealed that the
evidence in question did not contain child pornography. (RR IV 90). Accordingly, while counsel
29, 2014. Volume 5 of the present reporter’s record is a transcription of the
announcements made in connection with that trial setting.
6. Accordingly, the record before this Court is incomplete and does not
provide an adequate basis for review of the merits of potential claims, in particular a
claim regarding a speedy trial violation. At a minimum, the omitted evidentiary items
are believed to be relevant to the evaluation and development of claims relating to
whether appellant was provided his right to a speedy trial.
7. The omitted recordings/transcriptions are currently possessed by the
Official Court Reporter for the 207th Judicial District Court of Comal County, Texas.
8. In order to facilitate a full review of the appellate record by appellate
counsel and by this Court on appellate review, Appellant requests this Court to direct
the Official Court Reporter for the 207th Judicial District Court of Comal County,
Texas to expeditiously forward to this Court for inclusion within the appellate record
transcriptions of any and all settings had in the instant cause to include, but not limited
to, the announcements made in the trial court of the May 27, 2014 trial setting and the
July 7, 2014 trial setting. Additionally, appellant would request the appellate record
be supplemented with transcriptions of each and every setting in the trial court in the
instant matter.
9. Each of the requested transcriptions are essential on appeal to the
for appellant would accept the State’s version of the announcements made in connection with the
evaluation and development of claims relating to whether appellant was provided with
a speedy trial.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court
grant this Motion to Supplement the Appellate Record and for such other and further
relief as the Court may deem appropriate.
Respectfully submitted,
THE PASTRANO LAW FIRM, P.C.
The Old Cotton Exchange Building
202 Travis Street, Suite 307
Houston, Texas 77002
Telephone: 713.222.1100
Facsimile: 832.218.7114
By:____________________________
E. CHEVO PASTRANO
State Bar No. 24037240
chevo@pastranolaw.com
Counsel for Appellant
May 2014 trial setting, a transcription of the announcements can verify those events.
CERTIFICATE OF SERVICE
This is to certify that on September 16, 2015, a true and correct copy of the
above and foregoing document was served on the District Attorney's Office, Comal
County, Texas, via facsimile and/or email.
E. Chevo Pastrano
Barry Pizzo v. State
Combined Opinion