NO. 12-15-00195-CR

STEVEN LAMON MOORE § IN THE COURT OF APPEALS § vs. § TWELFTH JUDICIAL DISTRICT § STATE OF TEXAS § TYLER, TEXAS

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. T EX

. C ODE C RIM

. P ROC

. A NN . 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
Page 1 of 3 ACCEPTED 12-15-00195-CR TWELFTH COURT OF APPEALS

TYLER, TEXAS 10/20/2015 4:51:30 PM

Pam Estes CLERKt h e pr e-sentenc e repor t. In assessing sentence, the trial cour t refer red to the presentence r eport. App ell ate’s couns el designated the pres entence investi gati on repor t to be made part of the clerk’ s recor d in this case. I CR 67-6 8, li ne 20. The Smith County District Clerk’s Office has been order ed at lea st twice to include the pre- sentence repor t in the clerk’ s recor d. In one of the cases, the information from the pr e - sentence repor t resulted in a reversal and a hearing on an aspect of the punishment in the c a se. McGill v. State , 201 1 Tex. App

. LEXIS 676 7 (Tex. App – Texa rkana Aug. 24, 201 1, no pet.)(un publi shed)

. This Cour t has order ed the prod uction of the pre- sentence repor t previously. Ayba r v. State , Nos. 12 -0 9 -003 20-CR and 12-0 9-00 321 -CR (Tex. App

. – Tyl er, Apr il 22, 201 0)(ord er to compel). These docu ments were prop erly designated as
pa rt of the for pur poses of this appeal, and are necess ary for couns el to ef fe ct i v e l y
repr esent his client on appeal. App ell ate’s couns el contacted the Smi th County Di strict Clerk a nd a sked that the Presentence Rep ort be i ncluded

. Co n cl u si o n If anythi ng relevant is omitted from the clerk’ s recor d, the appella te cour t or any party, may by letter direct the District Clerk to prep are, certify and file in the appella te

cour t a supp lementa l clerk’ s recor d containi ng the omitted ite m s. T E X A S R. A P P

. P. 34. 5(c). Specificall y, App ell ant requests that the Smith County District Clerk be order ed
to supp lement the recor d in this cas e w i t h the pres entence investi gati on repor t. Counsel does not object to the District Clerk’s Office providing the pres entence repor t in a sealed fashion, provi di n g the parties have an oppor tunity to review those docu ments for p ossible sourc es of err or in thi s case. W HE RE F O RE , P RE MI S ES CO N S I D ER ED , Steven Lamon Moore resp ectfully
Pag e 2 of 3prays that this Court grant this request, and order prep arati o n o f a supp lementa l

Clerk’s Record in t his case. Resp ectfully subm itted,

Law Office of Jam es W. Huggl er, Jr. 100 E. Ferguson, Sui te 80 5 Tyl er, Texa s 757 02 Tel: (903 ) 593 -240 0 Fax : (90 3) 59 3-38 30

By: /S/ J ames W. Hugg ler, J r. Jam es W. Huggl er, Jr. State Ba r No. 0 079 543 7 Attorney for Steven Lamon Moore

CE RT I F I CA T E O F S ER VI CE This is to c ertify that on October 20, 2015, a true and c orrec t c opy of the above and fo re g o i n g docu ment was served on the District Attorney's Office, Smith County, 100 N. Broadway, 4th Floor, Tyl er, Texa s 757 02, by hand deliv ery or regular ma il or electronic fili ng.

/S/ J ames W. Hugg ler, J r. Jam es W. Huggl er, Jr.

Pag e 3 of 3