Order entered April 2, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00262-CR
JACOB NATHAN ROSS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F-1611734-V
ORDER
This case was submitted on March 20, 2019.
The reporter’s record was filed July 10, 2018. Volume 5 contains a photocopy of State’s
Exhibit 70, the DVD of a 911 call offered and admitted at trial. Because a photocopy of a DVD
does not provide this Court with anything to review, we ORDER court reporter Peri Wood to
file a supplemental reporter’s record containing a true and correct playable copy of State’s
Exhibit 70, the DVD of a 911 call, within TEN DAYS of the date of this order.
Additionally, this Court received a letter dated March 19, 2019, from the State stating
that the jail call filed with this Court as State’s Exhibit 64 is a different jail call from the one that
was offered, admitted and published to the jury at trial as State’s Exhibit 64. The letter states the
parties have agreed to a substitution for the previously filed State’s Exhibit 64 with the correct
jail call. The letter recites that a copy was sent to counsel for appellant via e-service, who has
filed no response or objection. As of the date of this order, this Court has not received the
substituted exhibit. We therefore ORDER court reporter Peri Wood to file a supplemental
reporter’s record containing a true and correct playable copy of State’s Exhibit 64, the proper jail
call that was offered admitted and published to the jury at trial as State’s Exhibit 64 within TEN
DAYS of the date of this order.
We DIRECT the clerk to send copies of this order to the Honorable Brandon
Birmingham, Presiding Judge, 292nd Judicial District Court; Peri Wood, official court reporter
for the 292nd Judicial District Court; and counsel for all parties.
/s/ LANA MYERS
PRESIDING JUSTICE