ACCEPTED
12-15-00195-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
10/20/2015 4:51:30 PM
Pam Estes
CLERK
NO. 12-15-00195-CR
STEVEN LAMON MOORE § IN THE COURT OF APPEALS
FILED IN
§ 12th COURT OF APPEALS
vs. § TWELFTH JUDICIAL TYLER, TEXAS
DISTRICT
§ 10/20/2015 4:51:30 PM
STATE OF TEXAS § TYLER, TEXAS PAM ESTES
Clerk
MOTION TO SUPPLEMENT THE RECORD
TO THE CLERK AND COURT REPORTER OF SAID COURT:
Now comes STEVEN LAMON MOORE, Appellant in the above styled and
numbered cause, and would request this Court order the record be completed pursuant
to Texas Rule of Appellate Procedure 34.5(b) and would show:
Background and Procedural History
This case is on direct appeal from the 7th District Court of Smith County, Texas
and was assigned cause number 007-0446-15. Notice of appeal and a designation of
the record was all timely filed on or about August 5, 2015. The case was prosecuted
as a first degree felony of Manufacture/Delivery of a Controlled Substance. Mr. Moore
entered a plea of guilty to the indictment.
On October 20, 2015, Appellant’s counsel has reviewed the record and
determined that it is currently incomplete, and will not be completed without an order
from this Court.
Pre-Sentence Investigation Report
On prior to the sentencing on August 3, 2015, the trial court ordered the
preparation of a pre-sentence investigation report. ICR ; Page 50 and 78. TEX. CODE
CRIM. PROC. ANN. art. 42.12 § 9 (Vernon 2011). At the time of the original sentencing,
the court took judicial notice of the pre-sentence report. The State of Texas argued
from facts contained in the pre-sentence report. Mr. Moore’s attorney also argued from
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the pre-sentence report. In assessing sentence, the trial court referred to the pre-
sentence report.
Appellate’s counsel designated the presentence investigation report to be made
part of the clerk’s record in this case. I CR 67-68, line 20. The Smith County District
Clerk’s Office has been ordered at least twice to include the pre-sentence report in the
clerk’s record. In one of the cases, the information from the pre-sentence report
resulted in a reversal and a hearing on an aspect of the punishment in the case.
McGill v. State, 2011 Tex. App. LEXIS 6767 (Tex. App – Texarkana Aug. 24, 2011, no
pet.)(unpublished). This Court has ordered the production of the pre-sentence report
previously. Aybar v. State, Nos. 12-09-00320-CR and 12-09-00321-CR (Tex. App. –
Tyler, April 22, 2010)(order to compel). These documents were properly designated as
part of the for purposes of this appeal, and are necessary for counsel to effectively
represent his client on appeal.
Appellate’s counsel contacted the Smith County District Clerk and asked that
the Presentence Report be included.
Conclusion
If anything relevant is omitted from the clerk’s record, the appellate court or any
party, may by letter direct the District Clerk to prepare, certify and file in the appellate
court a supplemental clerk’s record containing the omitted items. TEXAS R. APP. P.
34.5(c).
Specifically, Appellant requests that the Smith County District Clerk be ordered
to supplement the record in this case with the presentence investigation report.
Counsel does not object to the District Clerk’s Office providing the presentence report
in a sealed fashion, providing the parties have an opportunity to review those
documents for possible sources of error in this case.
WHEREFORE, PREMISES CONSIDERED, Steven Lamon Moore respectfully
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prays that this Court grant this request, and order preparation of a supplemental
Clerk’s Record in this case.
Respectfully submitted,
Law Office of James W. Huggler, Jr.
100 E. Ferguson, Suite 805
Tyler, Texas 75702
Tel: (903) 593-2400
Fax: (903) 593-3830
By: /S/ James W. Huggler, Jr.
James W. Huggler, Jr.
State Bar No. 00795437
Attorney for Steven Lamon Moore
CERTIFICATE OF SERVICE
This is to certify that on October 20, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Smith County,
100 N. Broadway, 4th Floor, Tyler, Texas 75702, by hand delivery or regular mail or
electronic filing.
/S/ James W. Huggler, Jr.
James W. Huggler, Jr.
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