NUMBER 13-15-00297-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
DANIEL GARCIA, APPELLANT,
v.
THE STATE OF TEXAS, APPELLEE.
On appeal from the 214th District Court
of Nueces County, Texas.
ORDER
Before Justices Rodriguez, Benavides, and Longoria
Order Per Curiam
This cause is before the Court on appellant’s motion for extension of time to file
his initial brief and appellant’s motion to abate pending completion of the record due to
missing exhibits admitted during the hearing on defendant’s motion to transfer venue.
The reporter’s records in this cause was filed on November 12, 2015 and November 13,
2015, and a supplemental volume was filed on August 4, 2017. Appellant has advised
this Court that the records do not contain two of the exhibits admitted during a change of
venue hearing held on April 30, 2015. The complained of exhibits are Venue DX-1 and
Venue DX-2. After review of the record, this Court determined Venue DX-1 was not
contained in the record because it is a DVD disc on file with the Nueces County District
Clerk’s Office and Venue DX-2 is located in Volume 10 of the reporter record beginning
at page 121.
When a relevant item has been omitted from the reporter’s record, the appellate
court may by letter direct the trial court clerk to prepare, certify, and file in the appellate
court a supplemental reporter’s record containing the omitted item. See TEX. R. APP. P.
34.6(d). Accordingly, appellant’s motion to abate is GRANTED and the appeal is
ABATED.
The trial court clerk of the 214th Judicial District Court of Nueces County is directed
to prepare a supplemental reporter’s record in this cause to include Venue DX-1. The
supplemental record shall be filed with this Court within 30 days from the date of this
order.
This appeal will be reinstated upon receipt of the supplemental reporter’s record
and upon further order of this Court. Therefore, having determined the record to be
incomplete, appellant’s motion for an extension of time to file his brief is GRANTED.
Appellant’s initial brief is due no later than 30 days after receipt of the supplemental
record, no further extensions will be granted absent exigent circumstances.
2
IT IS SO ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
16th day of November.
3