C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Christopher Pelletier v. The State of Texas

Appellate case number: 

### 01

- 21

- 0 0425

- CR

, 01

- 21

- 00430

- CR

Trial court case number: 20 CR1225

, 21CR1166

Trial court: 10th D istrict Court of Galveston County

On August 25 , 2022, a ppellant, Christo pher Pelletier, incarcerated and act ing pro se, filed correspondence that we construe as a motion requesting that this Court order the Galveston

C o unty District Attor n ey ’ s Office, the Galveston C ounty P u blic Defender ’ s Office, the Galveston County Jail, and the Law Office of Haley Slos s to “ turn over to the Appellant every single page of evidence th ey filed against ” appellant and “ all records pertaining to both causes

th at they used to obtain a conviction. ” Appellant als o request s “ ALL body cam , pictures, video

and me dia used in trial, as well as the jail phone records of the entire 16 months [he] was there ”

be forwarded to his “ Power of Attorney, ” Sh a wn McManus. Finally, appellant re q uest s access to

“ the Uniform Commerc ial Code, the T exas Constitution, FOIA and PA, and Case Law on Ferreta vs. California

. ” 1

This Court is authorized to review the appellate record in deciding appeals. In re K.M.

, 401 S.W.3d 864, 866 (Te x. App.

— Houston [ 1 4th Dist.] 2013, no pet.)

. The appe llate record comprises the c ler k ’s r ecord and , if necessary to the appeal, the reporter ’s record. T EX

. R. A PP

. P . 34.1. An appellate court generally may not consider matters outside of the appellate record

. In re K.M

. , 401 S.W.3d at 866 ; see also Hogg v . Lynch, Chappell & Als up , 480 S.W

. 3d 767, 773 ( Tex. App.

— El. Paso 2015, no pet.) ( “ To the extent [a party ] has made references to facts that do not appear in the appellate record, we will not consider those facts in ou r analysis

. ”).

In a criminal case, t h e clerk ’s record contai ns the indictment or information, any special plea or defense motion that was presented to the court and overruled, any written waiver, any written stipulation, and, in cases in which a plea of gu i lty or nolo contendere has been ente red, any documents execute d for the plea ; the court ’s docket sheet ; the court ’s charge and the jury ’s verdict, or the court ’s findings of fact and conclusions of law; the court ’s judgment or other order

1 Presumably, appellant re fers to Faretta v. Cali fo rni a , 4 22 U.S. 806 ( 1975)

, where t h e S u preme Co u rt held a comp etent criminal defenda nt has a S i xth Amendment right to w aiv e his rig ht t o

counse l and re present him s el f at t rial.that is being ap p ealed ; any request for findings of f act and conclusions of law, any post

- judgment motion, and the court's order on the motion; the notice of appeal; any formal bill of exception; any request for a reporter's record ; any request for preparation of the cler k 's record; the trial

court's certifi cation of the defendant's right of appeal under Texas Rule of Appellate Procedure 25.2; and subject to Texas Rule of Appellate Procedure 34.5 (b), any filing that a party designates

to have included in the record. T EX

. R

. A PP

. P . 34.5(a). Rule 34.5 (b) pro vides that a written

d esignation specifying additional items to be included i n the record may be filed with the trial

court clerk before the clerk ’ s record is prepared, but the request must be specific. T EX

. R. A P P

. P. 34.5(b). “ The clerk will disregard a general designation, such as one for ‘ all pape rs filed in the

case. ’ ” T EX

. R. A P P

. P. 34.5(b) (2).

The repor ter ’s record consists of “ the court reporter's transcription

. . . of the pr oceedings, and any of the ex hibi ts, that the parties to the appe al designate ” if the proceedings were

st e n o graphicall y recorded. T EX

. R. A P P

. P. 34. 6 ( a ) ( 1 ). If the proceedings were electro n ically recorded, the report er ’s record consist s of “ c ertified copies of all tapes or other au dio

- storage devices on which the pro ceedings were recorded, any of the exhibits that the parties to the appeal designate, and certified co pies of the logs prepared by the court recorder under Rule 13.2

. ” T EX

. R. A P P

. P. 34. 6 ( a ) ( 2 )

.
The clerk ’s record was file d on September 2 1, 2021, and supplemented on June 24, 2022 and June 28, 2022. The reporter ’ s record was filed on October 18, 2021 and supplemented on June 21, 2022

. If a rel evant item wa s omitted from the clerk ’ s or reporte r ’ s record , this Court

, the tri al court, or a ny party may direct the trial court clerk or the court reporter to prepare a supplement containing the omitted i tem(s). See T EX

. R. A P P

. P. 34.5(c) , 34.6(d). However, t h is

Court is not authorized to order the Galveston C o unty Distric t Attor n ey ’ s Office, the Galveston

C ounty P u blic Defender ’ s Office, the Galveston County Jail, or the Law Office of Haley Sloss to

pr oduce records to a p pellant for use in his appellate brief

. 2 Nor is this Court required to assist

w ith appellant ’ s legal re search by providing statutes, constitutions

, or caselaw

. 3

To the extent appellant contends items were omitted from the clerk ’ s record or reporter ’ s

reco rd, he may ask the trial court to supplement the clerk ’ s record or reporter ’ s record pursua nt
to Rul es 34.5 (c) and 34.6(d) , respectively

.

A ppellant ’ s motio n for this Court to order records that are not in the appellate record an d

for res earch materials to be pro vided to him is denied

.

Judge’s sig nature:

___________ /s/ Julie Countiss

__________ Acting indivi dually

Date: September 8 , 2022

2 Even if the Court could order production of such documents, whi ch is not the case, the documents would not be part of the appellate record and, therefore, would be of no val ue to this Court in adjudicating the appeal.

3 See Bolling v. F

armers Branch In dep. Sch. Dist

. , 315 S.W.3d 893, 895 (Tex. App.

— Dall as 2010, no pet.) ( “[W] e are not responsible for doing the legal researc h that might support a party's

contentions. Were we to do so, even for a pro se litigant untrained in law, we would be

aba ndoning o ur role as judges and become an advocate for that pa rty. ”) (internal cita tion omitted).