Victor Andrew Fiorentini v. State of Texas ( 2011 )

Order filed June 23, 2011

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-09-00188-CR

                                                    __________

                        VICTOR ANDREW FIORENTINI, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 42nd District Court

                                                            Taylor County, Texas

                                                   Trial Court Cause No. 23189-A

                                                                     O R D E R

            Victor Andrew Fiorentini has attached copies of two police narrative reports as appendixes 1 and 2 to his appellate brief.  The State has filed a “Motion to Strike Supplemental Records Attached to Appellant’s Brief.”  The narratives attached as appendixes 1 and 2 to appellant’s brief were not introduced into evidence in the trial court.  They did not become a part of the trial court record.   Because the narratives are not part of the record, we cannot consider them for the purpose of this appeal.  Whitehead v. State, 130 S.W.3d 866, 872 (Tex. Crim. App. 2004); Rasberry v. State, 535 S.W.2d 871, 873 (Tex. Crim. App. 1976); Witkovsky v. State, 320 S.W.3d 425, 428 (Tex. App.—Fort Worth 2010, pet. dism’d).  Therefore, we grant the State’s motion to strike the narratives from the record.

                                                                                                PER CURIAM    

June 23, 2011

Do not publish. See Tex. R. App. P. 47.2(b).

Panel[1] consists of:  Wright, C.J.,

McCall, J., and Hill, J.[2]

---

[1]Rick Strange, Justice, resigned effective April 17, 2011.  The justice position is vacant pending appointment of a successor by the governor.

[2]John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.