Stockton v. State, 45488
| Decision Date | 19 July 1972 |
| Docket Number | No. 45488,45488 |
| Citation | 487 S.W.2d 69 |
| Parties | Maurice J. STOCKTON, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
George W. Shaffer, Kenneth L. Yarbrough, Corpus Christi, for appellant.
Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.
The offense is robbery by firearms; the punishment, ninety-nine (99) years.
Appellant's first ground of error is that 'The trial court erred in overruling appellant's motion for mistrial as to questions propounded to appellant's character witness by the District Attorney.' Specifically, he claims the prosecutor asked the appellant's character witness improper 'have you heard' questions concerning his participation in various bank robberies.
However, we are unable to reach the merit of this contention since we have not been furnished with a complete record.
On the basis of the record before us on appeal in the case at bar, which contains only the jury arguments at the guilt or innocence stage and statement of facts of the punishment hearing, we are unable to determine whether the testimony concerning the bank robberies had been developed at the guilt or innocence stage, thereby making it admissible at the punishment hearing.
Art. 40.09, Vernon's Ann.C.C.P., requires that:
'Each party may file with the clerk a written designation specifying matters for inclusion in the record.'
It further provides that a:
'. . . party designating to have included in the record a transcript of notes of the reporter shall have the responsibility of obtaining such transcription . . .'
and further provides that:
The record reflects that appellant, who was represented by retained counsel at trial, was sentenced on August 12, 1971, at which time he gave notice of appeal and filed a motion to proceed in forma pauperis. Thereafter, his court appointed attorney, who was a member of the same firm which represented the appellant at trial, filed a 'Request for Transcript' designating various defense motions be included in the record. This is his only request concerning the record on appeal. On November 29, 1971, the appellant was notified of the completion of the record, and on December 14, 1971, the court approved the record.
Counsel's failure to object to the record on appeal indicated that the record contained all matters which counsel wanted incorporated in the record on appeal. The appellant is bound by the record before this Court. This is not altered by the fact that appellant had become indigent at the time of appeal. There should be no different standard...
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