No. 03 -14- 00 570- 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

CLERK2 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. C r ayton’s brief was filed on February 2, 2015. On fourth

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

II I

.

On June 26, 2015, the State filed a motion under T EX . R. A PP . P. 34.6(d) to

supplement the record with State’s exhibit 73.

I V.

Appellant objects because supplementa tion 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 exhi bit 73 on file in this Court is in

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

A PP . 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

.3 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

d ated 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 C r ayton4 CERTIFICATE OF COMPLIANCE

This pleading complies with T EX . R. A PP . 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 2 9 th day of June, 2015.

/s/Richard E. Wetzel

Richard E. Wetzel

State Bar No. 21236300