Coker, Travis v. State ( 2002 )

COURT OF APPEALS

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

TRAVIS COKER,                             Appellant, v. THE STATE OF TEXAS,                             Appellee.

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No. 08-02-00014-CR Appeal from the 161st District Court of Ector County, Texas (TC# B-28,794)

OPINION ON MOTION TO OBTAIN HEARING

ON ACCURACY OF RECORD

Appellant Travis Coker has filed a motion to obtain a hearing on the accuracy and condition of the reporter=s record and the clerk=s record.  The State opposes the motion, drawing this Court=s attention to the lack of specificity in appellant=s request with regard to the reporter=s record.  We agree that appellant=s request lacks specificity.  The duty of the Court of Appeals is to consider only testimony and evidence tendered at the time of trial on which judgment of the trial court is to be based. McGinsey v. State, 65 Tex. Crim. 362, 364-65, 144 S.W. 268, 269 (1912); Gulf Oil Corp. v. Southland Royalty Co., 478 S.W.2d 583 (Tex. Civ. App.--El Paso 1972), aff=d, 496 S.W.2d 547 (Tex. 1973).  A corollary to this principle is that in order for this Court to properly review the proceedings below, the record before us must be accurate and complete.

In order for this Court to determine whether a hearing is necessary under Texas Rules of Appellate Procedure 34.5(d) and 34.6(e), we will allow appellant Coker to present his claims with specificity within ten (10) days, including the names of trial witnesses and substance of testimony that he contends is inaccurately reflected in the present version of the reporter=s record.  Appellant Coker should also include all claims concerning defects in the clerk=s record.

SUSAN LARSEN, Justice

October 31, 2002

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

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