Opinion

Charles County v. State

  • 812 S.W.2d 303
  • 1989 Tex. Crim. App. LEXIS 59
Court
Court of Criminal Appeals of Texas
Filed
Mar 29, 1989
Status
Published
Author
McCormick
On the bench
Baird, Campbell, Clinton, Disposition, Duncan, Error, McCormick, Miller, Overstreet, Points, Teague, White
Cited by
28 cases

holding an issue challenging an evidentiary ruling and sufficiency is multifarious

How later courts described this case

  • holding an issue challenging an evidentiary ruling and sufficiency is multifarious
  • “Appellant presents nothing for review in this point of error because his argument is multifarious.”

Written by the judges who cited it.

The opinion

McCORMICK, Presiding Judge,

concurring.

Few cases in recent memory present such a chequered history as the one decided today. Following affirmance of his conviction, appellant filed a motion for rehearing and for the first time presented his contention that the record, upon which we based our original opinion, was flawed with numerous inaccuracies. Following an abatement and remand, the trial court “corrected” the record and supplemented it with additional explanations. See County v. State, 812 S.W.2d at 316-317, (opinion on rehearing per Miller, J.). How such inaccuracies in the record which directly related to the main issue presented could have been so glaring and go unnoticed for so long is, indeed, appalling.

Today we reverse appellant’s conviction two years after it should have been done. I write this concurrence to iterate the true intent of Rule 55 of the Rule of Appellate Procedure: disputes in the record should be resolved before briefs are filed and the cause is submitted to the appellate court. The failure timely to follow rules specifically designed to address the problems *318 presented here has caused an unjustifiable waste of judicial resources.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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