# Charles County v. State

> Court of Criminal Appeals of Texas · March 29, 1989 · 812 S.W.2d 303

URL: https://www.frixlaw.com/law-library/cases/5079202

## Case

- **Full name:** Charles COUNTY v. The STATE of Texas
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 29, 1989
- **Citations:** 812 S.W.2d 303; 1989 Tex. Crim. App. LEXIS 59
- **Precedential status:** Published
- **Opinion:** Concurrence by McCormick
- **Judges:** Baird, Campbell, Clinton, Disposition, Duncan, Error, McCormick, Miller, Overstreet, Points, Teague, White
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5079202

## How later opinions describe it (automated extraction)

- holding an issue challenging an evidentiary ruling and sufficiency is multifarious

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5079202. Public record. Not legal advice.