Order entered November 12, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00704-CR
JEROME JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause No. F01-53637-JH
ORDER
Before the Court is appellant’s November 8, 2021 “Motion for and Order for
Production of the [sic] of Expert Testimony from the March 24, 2003 Trial
Proceedings.” In the motion, appellant seeks reports, records, documents, and other
items not located in the appellate record.
We DENY the motion. See Delgado v. State, No. 05-19-00821-CR, 2021
WL 4901565, at *9 (Tex. App.—Dallas Oct. 21, 2021, no pet h.) (“The standard
we must apply deals only with ‘the record evidence adduced at the trial.’ This
includes evidence both properly and improperly admitted, but it cannot include
evidence not admitted.”) (internal citations omitted) (citing Flores v. State, 620
S.W.3d 154, 162 (Tex. Crim. App. 2021) (Keller, P.J., dissenting) (cautioning
reviewing courts not to focus on evidence that was not admitted at trial, not to
engage in “divide and conquer” analysis, or not to act as thirteenth juror.)).
.
/s/ ERIN A. NOWELL
JUSTICE