Emmanuel Martinez v. the State of Texas ( 2022 )

Order entered October 31, 2022 In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00210-CR EMMANUEL MARTINEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F19-24906-V ORDER Before the Court is appellant’s October 14, 2022 motion to extend the time to file appellant’s brief. On September 14, 2022, court reporter Kelly Simmons filed exhibits and two letters regarding encrypted flash drives admitted into evidence as State’s Exhibits 221 and 245 (Ms. Simmons identified State’s Exhibit 221 as State’s Exhibit 222. State’s Exhibit 222 is a summary report of the contents of State’s Exhibit 221). A review of the record shows State’s Exhibits 221 and 245 contain copies of the results of extractions of the contents of mobile telephones admitted into evidence as State’s Exhibits 220, 229, and 230. In her letters, Ms. Simmons indicated she was unable to file the encrypted flash drives electronically and inquired whether the Court would require the contents. Because the record shows the flash drives and their contents were admitted into evidence “for all purposes” and not as mere physical objects, we conclude the contents of the drives are properly part of the record on appeal. Accordingly, we ORDER Ms. Simmons to file, within THIRTY DAYS of the date of this order, a supplemental reporter’s record of the contents of State’s Exhibits 221 and 245. So that appellant might have the benefit of the supplemental reporter’s record, we GRANT appellant’s motion for extension and ORDER appellant’s brief filed by December 15, 2022. We DIRECT the Clerk to transmit a copy of this order to court reporter Kelly Simmons and to counsel for all parties. /s/ ROBERT D. BURNS, III CHIEF JUSTICE –2–