1019 Congress, 15 th Floor • Houston, TX 77002

- 1700 • Ph one: 713- 755

- 5101 • Fax: 713 -755-8924 

### Vince Ryan Harris County Attorney

July 15, 201 5

Ms. Jill Bartek Official Court Reporter

313 th District Court Harris County, Texas 1200 Congress, 5 th Floor
Houston, Texas 77002

Re: No. 2013-04657J

31 3 th Judicial District Court of

Harris County, Texas Appealed to Fourteenth Court of Appeals

No. 14-15 -00 419

- CV

Dear Ms. Bartek:

This letter is sent to you on behalf of the Texas Department of Family and Protective Services (“Department”), the petitioner in the above referenced matter, in accordance with Texas Rule of Appellate Procedure 34.6(d), which states, “If anything relevant is omitted from the reporter’s record, the trial court, the appellate court, or any party may by letter direct the official court reporter to prepare, certify, and file in the appellate court a supplemental reporter’s record containing the omitted items.” Tex. R. App. P. 34.6(d).

The reporter’s record which was filed in the above appeal currently includes four volumes, each of which indicates that you were the reporter who heard and transcribed the material contained

within each volume. The first volume contains the reporter’s master index, and the fourth contains the exhibits admitted at trial. The second and third volumes contain transcriptions of the trial proceedings held on January 27, 2015, and April 8, 2015, respectively. While the third volume shows that the proceedings concluded on April 8, 2015, the second volume indicates the trial commenced on some date earlier than January 27, 2015. First, it begins w ith the trial court’s statement, “All right. Back on the record in 2013

- 4657J [sic].” See V2, p.6. Then, soon after, the appellant’s trial counsel asked the testifying witness, “You testified during the trial when we first began several months ago; is that right?” V2, p.19. Moreover, the trial court’s file contains its Permanency Hearing Order signed on May 21, 2014, indicating that trial was set to commence on August 14, 2014. The court’s file also contains a “Notice of Permanency Hearing and Trial Setting ,” issued by the Department to the parties in the case indicating that trial was to commence on August 14, 2014. Furthermore, these documents comport with the notes and recollection of the Department’s trial counsel, who believes that trial commenced on Au gust 14,

2014 , and that the court heard substantive testimony from the psychologist who also testified on ACCEPTED
14-15-00419-CV
FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS
7/15/2015 2:52:49 PM
CHRISTOPHER PRINE

CLERK1019 Congress, 15 th Floor • Houston, TX 77002

- 1700 • Ph one: 713

- 755

- 5101 • Fax: 713

- 755

- 8924

January 27, 2015. Therefore, it appears that there was additional evidence offered during the trial proceedings that do not appear in the volumes file d in the appeal of this matter.

Accordingly, by issuance of this letter, the Department hereby requests that you supplement the appellate record in this matter with transcriptions of any additional proceedings that occurred during trial, including any wit ness testimony heard at the commencement of trial which all indications show occurred on August 14, 2014.

Thank you very much for your attention to this request. If you have any questions or concerns, please do not hesitate to contact the undersigned coun sel for the Department.

Very truly yours,

VINCE RYAN

COUNTY ATTORNEY

By: /s/ Robert J. Hazeltine

- Shedd

Robert J. Hazeltine

- Shedd Assistant County Attorney

State Bar #24067652 1019 Congress, 17 th Floor
Houston, T exas 770 02

Phone: 713 .274.5292 ; Fax: 713 .437.4700

Email: robert.hazeltine

- shedd@cao.hctx.net

copies to:

Civil Post

- Judgment

Honorable Chris Daniel Harris County District Clerk

201 Caroline , 2 nd Floor, Room 250
Houston, Texas 77002

F ourteenth Court of Appeals

301 Fannin
Houston, Texas 77002

Donald M. Crane donmcrane@gmail.com

John H. Spjut spjutlaw@sbcglobal.net