IN THE

TENTH COURT OF APPEALS

No. 10-08-00276-CR

Ex parte Oscar Roy Doster

From the 87th District Court

Freestone County, Texas

Trial Court No. 07-072-CR

            The parties are ordered to submit additional briefing on the issues discussed by the Court on October 15, 2008 during argument.  Appellant’s supplemental brief is due to be filed with the Court no later than October 31, 2008.  The State’s supplemental brief is due fourteen days thereafter.

            The Trial Court Clerk is ordered to file a supplemental clerk's record consisting of all documents filed in cause number 07-072-CR after August 30, 2007 (the date of the indictment) and before March 31, 2008.

            The parties are reminded that any additional items to be included in the clerk’s record must be designated for supplementation in accordance with Rule 34.5(c) of the Texas Rules of Appellate Procedure.

            Chief Justice Gray would set aside the submission until the briefing is complete and the proceeding is ready to be decided.  Further, he would not order the Trial Court Clerk to supplement the record.  He notes that the supplemental record, as ordered, will invariably capture a lot of material that the Court does not need or want; and because it is the advocates for the parties that are charged with the responsibility of designating those documents filed with the Clerk necessary to show that the trial court erred, and because the Rules of Appellate Procedure only give the Court the authority to order the Clerk to supplement the record if something has been "omitted from" the record and the Court has been unable to identify anything that has been omitted from the record previously filed, he would await the time with patience until the parties have had the opportunity to look at the additional issues they may decide to brief and see what additional parts of the record they think they need to designate.

                                                                        PER CURIAM

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Order issued and filed October 23, 2008

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