Order entered January 28, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00821-CR
BRENDA DELGADO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F15-76401-W
ORDER
On January 23, 2020, appellant filed his brief. Attached to the one-hundred page brief is
a 97-page appendix. Included in the appendix is a portion of the reporter’s record from a
separate trial which does not appear to have been introduced into evidence during this trial nor
was it part of the clerk’s record in this case. Thus, it is not properly before the Court and should
not be included as an appendix to the brief.
The appendix and brief were filed as one document, and the Court cannot alter an
electronically filed document. Therefore, we STRIKE appellant’s brief. We ORDER appellant
to file an amended brief within TEN DAYS of the date of this order. Because criminal briefs are
not required to contain an appendix, see TEX. R. APP. P. 38.1(k), we decline to order that
appellant refile an appendix with his amended brief. However, if appellant wishes to refile the
appendix, he must do so without including documents that were not before the trial court and are
not part of the appellate record in this case.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE