No. 03-14-00570-CR

IN THE COURT OF APPEALS 

THIRD DISTRICT 

AT AUSTIN, TEXAS 

__________________________________________________________________ 

ERIC BYRON CRAYTON, Appellant 

v.

THE STATE OF TEXAS 

APPELLANT’S OBJECTION TO THE STATE’S 

ATTEMPTED SUPPLEMENTATION OF THE RECORD 

__________________________________________________________________ 

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF 

APPEALS: 

 Comes now, Eric Byron Crayton, Appellant in the above styled and 

numbered cause and would show this honorable Court the following: 

I.

 Crayton was convicted in the above cause for the offense of tampering with 

physical evidence and punishment was assessed at 35 years. Notice of appeal was 

timely filed and the appeal docketed in this Court. 

ACCEPTED

03-14-00570-CR

5860093

THIRD COURT OF APPEALS

AUSTIN, TEXAS

6/29/2015 12:25:07 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/29/2015 12:25:07 PM JEFFREY D. KYLE Clerk
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II.

A clerk’s record was filed on September 15, 2014. A certified reporter’s 

record was filed on November 7, 2014 and a supplemental reporter’s record filed 

on January 15, 2015. Crayton’s brief was filed on February 2, 2015. On fourth 

extension, the State’s brief is due on July 3, 2015. 

III.

On June 26, 2015, the State filed a motion under TEX. R. APP. P. 34.6(d) to 

supplement the record with State’s exhibit 73. 

IV. 

Appellant objects because supplementation is not appropriate under the 

circumstances presented. The record on appeal already contains a State’s exhibit 

73 certified by the court reporter as accurate of the proceedings which occurred at 

trial. 

V.

If the State maintains the current State’s exhibit 73 on file in this Court is in 

some manner inaccurate, it should make use of the remedy provided in TEX. R. 

APP. P. 34.6(e)(3). Under the State’s proposed course of action, this Court will be 

provided with two State’s exhibits 73 within the reporter’s record.

 
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VI.

Appellant further objects to the State’s belated attempt to claim the record is 

in some manner inaccurate or in need of supplementation. This cause is 

languishing on the State’s fourth motion for extension to file a brief. In an order 

dated June 12, 2015, the Court indicated no further extensions would be granted 

and the prosecutor could be subject to contempt proceedings if a brief was not filed 

by July 3, 2015. 

PRAYER

Appellant requests this Court deny the State’s belated attempted to 

supplement the record with a second State’s exhibit 73 for a record which has been 

on file for eight months. 

Respectfully submitted,

/s/Richard E. Wetzel

Richard E. Wetzel

State Bar No. 21236300

1411 West Ave., Suite 100

Austin, Texas 78701

(512) 469-7943

(512) 474-5594

wetzel_law@1411west.com

Attorney for Appellant

Eric Byron Crayton 
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CERTIFICATE OF COMPLIANCE 

This pleading complies with TEX. R. APP. P. 9.4. According to the word 

count function of the computer program used to prepare the document, the brief 

contains 326 words excluding the items not to be included within the word count 

limit. 

/s/ Richard E. Wetzel

Richard E. Wetzel

State Bar No. 21236300

CERTIFICATE OF SERVICE

This is to certify a true and correct copy of this pleading was sent by email 

to Counsel for the State of Texas, Josh Presley, Assistant District Attorney, at 

presj@co.comal.tx.us on this the 29

th day of June, 2015.

/s/Richard E. Wetzel

Richard E. Wetzel

State Bar No. 21236300