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Click here for the full text of this decision FACTS:In a pro se appeal, Mark Wayne Lomax alleges six irregularities in the trial record: 1. the reporter’s record does not reflect a statement allegedly made by the trial judge during the course of the trial; 2. certain witness statements which were referred to at trial but not offered in evidence are not included in the reporter’s record; 3. certain documentary exhibits which were offered in evidence are not included in the reporter’s record; 4. the jury strike lists are not included in the clerk’s record; 5. copies of certain photographs included in the reporter’s record are too poor in quality for use on appeal; and 6. copies of two volumes of the reporter’s record have not been provided to Lomax. HOLDING:Appeal abated. The court confirms that under Texas Rule of Appellate Procedure 34.5(d), with respect to defects or inaccuracies in the clerk’s record, an appellate court is to inform the trial court clerk of the inaccuracy and instruct the clerk to make corrections. Furthermore, the rule is to be construed. As for the first alleged error, Lomax says the trial judge made statements sua sponte about Lomax’s failure to give a blood specimen. The state does not challenge the assertion, but it does not appear in the record. The court orders the trial court to determine if the statement was made and, if so, to correct the record. As for the second alleged inaccuracy, the court finds that items not offered into evidence cannot be considered on appeal. Lomax contends that five documentary exhibits that were offered into evidence by both sides are not in the reporter’s record, including accident reports, and EMS report and an autopsy report. The court finds three of the documents in the record, but agrees that two are not. The court orders the trial court to include these exhibits if they were indeed offered into evidence. The jury strike list should also be included, but only if Lomax can show good cause why the normally confidential document should be disclosed. As for the photos of poor quality, the court interprets Lomax’s request as being for the inclusion of the original photos or for exact color copies. The court denies this request. As for Lomax’s last complaint, the court finds that the transmittal letter from the trial court clerk to this court indicates that there are 17 volumes in the record, yet only 15 volumes are on file. The court instructions the trial court to determine whether there are two additional volumes and, if so, to correct the record by including them. Finally, the court adds that there should be an exhibit index included in the record, but there is not one. The court orders the court reporter to prepare an exhibit index. OPINION:Per curiam; Gray, C.J., Vance and Reyna, JJ.

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