Opinion
NO. AP-77,082
08-25-2020
ALI AWAD MAHMOUD IRSAN, Appellant v. THE STATE OF TEXAS
ON DIRECT APPEAL FROM CAUSE NO. 1465609 IN THE 184TH DISTRICT COURT HARRIS COUNTY Per curiam.
ORDER
The above-styled and numbered cause is pending before this Court as a result of appellant's capital murder conviction and resulting sentence of death in the 184th District Court of Harris County, Cause No. 1465609, styled The State of Texas v. Ali Awad Mahmoud Irsan. Appellant has filed in this Court a "Motion to Abate Appeal and Remand for Completion and Correction of Appellate Record."
In his motion, appellant asks for the juror information cards and questionnaires to be included in the appellate record. Appellant should first present his request for the disclosure of this information to the trial court. See TEX. CODE CRIM. PROC. Art. 35.29.
Appellant also asks for the record of his proceedings in his prior murder case to "be incorporated into [his] capital record on appeal[.]" We decline appellant's request to include those separate proceedings in this appellate record.
Appellant says that the murder case "was dismissed on the State's motion in light of [his] capital indictment."
Appellant further lists numerous items that he contends are missing from the appellate record. Because the trial court is in a better position to determine the accuracy of the record, we abate the appeal and remand this cause to the trial court to resolve this issue. The trial court is directed to make findings of fact regarding whether the items in question have been omitted from the record, and if so, whether they should be included. If the trial court determines that certain items need not be included in the record, then the trial court should state its reasons for making that determination. If the trial court determines that any relevant items have been omitted from the clerk's record or reporter's record, then the trial court shall direct the clerk and/or court reporter to prepare, certify, and file in this Court a supplemental record containing the omitted items. See TEX. R. APP. P. 34.5(c)(1) & 34.6(d).
Appellant also says that there could be "materials contained under seal in the clerk's file" which might need to be included in the appellate record. Appellant states that, because the existence of such sealed items is "unclear," we should order the trial court "to make available to appellate counsel a list of filings under seal so that [he] can review and request additional supplementation of the record." The trial court may consider whether sealed items have been omitted when determining the accuracy of the record, but we decline to order the trial court to create "a list of filings under seal."
Appellant also requests this Court to order the clerk and court reporter to notify "postconviction counsel" of missing items to be supplemented in the record. This is not required. See TEX. R. APP. P. 34.5 & 34.6. --------
The findings shall be made and any necessary supplements shall be filed within 30 days of the date of this order. Appellant's brief will be due in this Court within 30 days thereafter.
IT IS SO ORDERED THIS THE 25TH DAY OF AUGUST, 2020. Do not publish