Chuong Hue Nguyen v. State
Chuong Hue Nguyen v. State
Opinion of the Court
ORDER
Appellant did not request or make arrangements to pay for the reporter’s rec
In its motion to complete the reporter’s record, the State asserts that it is entitled to request the complete record at the appellant’s cost. Rule 34.6(c)(5) provides that, in a criminal case, if there is a point challenging the sufficiency of the evidence to support a finding of guilt, the record must include all the evidence admitted at trial. Tex.R.App. P. 34.6(c)(5). The State also cites to Rowell v. State, 66 S.W.3d 279 (Tex.Crim.App. 2001). The State asserts that certain language in the Rowell case indicates the State must file missing portions of the reporter’s record to rebut challenges to the sufficiency of the evidence.
We deny the State’s motion to complete the record. Although appellant’s brief raises a point of error entitled, “Insufficient evidence to prosecute,” a reading of the argument under this point reveals that it is not a challenge to the sufficiency of the evidence supporting a finding of guilt.
Accordingly, we deny the State’s motion for a complete reporter’s record at appellant’s expense. We grant the State’s motion for extension of time to file its brief until February 18, 2003. No further extensions will be granted absent a showing of exceptional circumstances.
. Without filing any part to the reporter's record, an appellant waives the right to complain of the sufficiency of the evidence on appeal. Smithwick v. State, 636 S.W.2d 557, 558 (Tex.App.-San Antonio 1982, no pet.).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.