Carolyn Miller McIntosh and Donald Ray McIntosh v. The State of Texas--Appeal from 166th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-06-00871-CV

Carolyn MILLER-MCINTOSH and David Ray McIntosh,

Appellants

v.

The STATE of Texas,

Appellee

From the 166th Judicial District Court, Bexar County, Texas

Trial Court No. 2006-CI-13788

Honorable David A. Berchelmann, Jr., Judge Presiding

Opinion by: Sandee Bryan Marion, Justice

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: September 12, 2007

AFFIRMED

Carolyn Miller-McIntosh filed an ex parte application for protective order against her common-law husband David Ray McIntosh. At the conclusion of the hearing on the application, the trial court made an affirmative finding of family violence (1) and issued the protective order for a period of two years. Both Carolyn and David (collectively, "appellants") now appeal that order.

On appeal, Carolyn asserts she informed the Bexar County District Attorney's Office that she did not want to proceed with the protective order and she submitted a new affidavit stating she initiated the confrontation with David and she was injured after he left the room. According to Carolyn, the District Attorney's Office refused to give the new affidavit to the trial court. None of Carolyn's assertions are supported by the clerk's record on appeal. (2) Despite an order from this court directing appellants to designate and pay for or make arrangements to pay for a reporter's record, they failed to do so. As a result, appellants filed their brief without benefit of a reporter's record. See Tex. R. App. P. 37.3(c). This court may not consider allegations outside the record. See Whitehead v. State, 130 S.W.3d 866, 872 (Tex. Crim. App. 2004). Additionally, because appellants' arguments are inadequately briefed, their argument is not preserved for appellate review. State v. Mason, 980 S.W.2d 635, 641 n. 3 (Tex. Crim. App. 1998).

Accordingly, we overrule appellants' issue on appeal and affirm the trial court's judgment.

Sandee Bryan Marion, Justice

1. Carolyn's affidavit, attached to the application, alleged physical violence by David against her and her mother spanning a period of two years.

2. On appeal, David does not dispute the allegations of family violence.