Eric Byron Crayton v. State ( 2015 )


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  •                                                                                             ACCEPTED
    03-14-00570-CR
    5848498
    THIRD COURT OF APPEALS
    AUSTIN, TEXAS
    6/26/2015 4:20:35 PM
    JEFFREY D. KYLE
    CLERK
    NO. 03-14-00570-CR
    ERIC BYRON CRAYTON                         §         IN THE THIRD FILED IN
    3rd COURT OF APPEALS
    AUSTIN, TEXAS
    VS.                                        §         DISTRICT 6/26/2015
    COURT4:20:35
    OF PM
    JEFFREY D. KYLE
    THE STATE OF TEXAS                         §         APPEALS OF TEXAS Clerk
    MOTION TO ORDER A SUPPLEMENTAL REPORTER’S RECORD
    TO THE HONORABLE JUSTICES OF SAID COURT:
    Now comes the State of Texas, Appellee in the above-styled and -numbered
    cause, and moves the Court to order the preparation, certification and filing of a
    supplemental reporter’s record for good cause would show the following:
    I.
    Appellant was convicted by a jury of Tampering with Physical Evidence on
    August 11, 2014 in the 207th District Court of Comal County. The jury then
    sentenced Appellant to 35 years confinement in the institutional division of the
    Texas Department of Criminal Justice. Appellant timely filed his notice of appeal
    and requested that the Reporter submit a record containing all exhibits. The State’s
    brief is due by July 3, 2015, and will be filed before the deadline.
    II.
    Mr. Clayten Hearrell is handling this appeal for the State. During further
    review of the record while writing the State’s brief, Mr. Hearrell noticed that the
    copy of State’s Exhibit 73 he obtained from the Court Reporter omitted part of the
    1
    video which was entered into evidence. Whereas the full version of State’s Exhibit
    73 – which the District Clerk has in its possession – is 25 minutes and 58 seconds
    long, the version on file with the Third Court is apparently only five minutes and
    12 seconds long. The State has need of and intends to cite to portions of the full
    video which were omitted from the shorter version on file with the Third Court.1
    Accordingly, under rule 34.6(d) of the Texas Rules of Appellate Procedure, the
    State has requested that the Reporter prepare, certify and file the full version of
    State’s Exhibit 73 in a supplemental reporter’s record. Request, attached.
    III.
    Out of an abundance of caution, the State moves this Honorable Court to
    order the preparation, certification and filing of said supplemental record. Because
    the Court will not likely hear or decide the instant motion until 10 days after the
    motion is filed, in the event said supplemental record has already been submitted to
    the Court, the State alternatively moves the Court to accept the filing of said
    supplemental record into the record on appeal. See Tex. R. App. P. 10.3, 34.6(d).
    IV.
    WHEREFORE, PREMISES CONSIDERED, the State’s counsel
    respectfully prays that this Honorable Court order the preparation, certification and
    filing of a supplemental record containing the full version (25 minutes and 58
    1
    Because the State’s brief will be filed before the deadline on July 3, 2015, it will cite to video
    times in the anticipated supplemental record.
    2
    seconds) of State’s Exhibit 73, or in the alternative, that it allow the filing of said
    supplemental record into the record on appeal if it has already been submitted to
    the Court when the instant motion is heard and decided.
    Respectfully submitted,
    /s/ Joshua D. Presley
    Joshua D. Presley SBN: 24088254
    preslj@co.comal.tx.us
    Comal Criminal District Attorney’s Office
    150 N. Seguin Avenue, Suite 307
    New Braunfels, Texas 78130
    Ph: (830) 221-1300 / Fax: (830) 608-2008
    3
    CERTIFICATE OF SERVICE
    I, Joshua D. Presley, Assistant District Attorney for the State of Texas,
    Appellee, hereby certify that a true and correct copy of this Motion to Order a
    Supplemental Reporter’s Record has been delivered to the following:
    Mary Scopas
    Court Reporter
    scopam@co.comal.tx.us
    207th District Court
    150 N. Seguin Ave., Suite 317
    New Braunfels, TX 78130
    Richard E. Wetzel
    Attorney for Appellant ERIC BYRON CRAYTON on Appeal
    wetzel_law@1411west.com
    1411 West Avenue
    Suite 100
    Austin, TX 78701
    By electronically sending it to the above-listed email addresses through
    efile.txcourts.gov e-filing service this 26th day of June, 2015.
    /s/ Joshua D. Presley
    Joshua D. Presley
    4
    CAUSE NO. CR2012-225
    (APPELLATE CAUSE NO. 03-14-00570-CR)                                      '-'
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    STATE OF TEXAS                                    §          IN THE DISTRICT              o®.
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    ERIC BYRON CRAYTON                                §                                                             0
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    RE UEST TO FILE SUPPLEMENTAL REPORTER'S RECO
    TO THE HONORABLE REPORTER OF SAID COURT:
    Now comes the State of Texas, by and through its Assistant District
    Attorney, and requests pursuant to rule 34.6(d) of the Texas Rules of Appellate
    Procedure that the Court Reporter prepare, certify, and file in the Court of Appeals
    for the Third District of Texas- in Appellate Cause Number 03-14-00570-CR- a
    supplemental Reporter's Record containing the following items:
    a)      The full and complete video entered into evidence as State's Exhibit
    73 in CR2012-225, totaling approximately 25 minutes and 58
    seconds. 1
    b)      This State's Request to File Supplemental Reporter's Record.
    Because the Defendant/Appellant is indigent, the record is to be prepared at
    taxpayer expense.
    1
    While the District Clerk appears to have the full version (25 minutes and 58 seconds long) on
    file, the version of State's Exhibit 73 currently on file with the Third Court of Appeals appears to
    contain only a portion of the exhibit (around five minutes and 12 seconds long).
    1
    Respectfully submitted,
    {;s.~
    CERTIFICATE OF SERVICE
    I, Joshua D. Presley, Assistant District Attorney for the State of Texas,
    hereby certify that a true and correct copy of the above and foregoing Request to
    File a Supplemental Reporter's Record was sent to the following:
    Mary Scopas
    Court Reporter
    20th District Court
    150 N. Seguin Ave., Suite 317
    New Braunfels, TX 78130
    Fax: (830) 608-2030
    Richard E. Wetzel
    Attorney for Appellee ERIC BYRON CRAYTON on Appeal
    wetzel_law@ 1411 west. com
    1411 West A venue, Suite 100
    Austin, TX 78701
    Fax: (512) 474-5594
    By fax to the above-listed numbers on this the 26th day of June, 2015.
    2
    

Document Info

Docket Number: 03-14-00570-CR

Filed Date: 6/26/2015

Precedential Status: Precedential

Modified Date: 9/30/2016