Terron Penevrick Mitchell v. The State of Texas--Appeal from 145th District Court of Nacogdoches County (majority)

Annotate this Case
Download PDF
In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-11-00015-CR ______________________________ TERRON PENEVRICK MITCHELL, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 145th Judicial District Court Nacogdoches County, Texas Trial Court No. F1018049 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Following guilty verdicts by a Nacogdoches County1 jury, Terron Penevrick Mitchell was sentenced to thirty-five years imprisonment for tampering with physical evidence and to five years imprisonment following conviction of possession of less than one gram of cocaine. On appeal, Mitchell claims the trial court erred in overruling his motion to suppress the evidence. We affirm the trial court s ruling, because the nonindigent Mitchell has not filed a reporter s record of the suppression hearing, a hearing central to Mitchell s appeal. The appellate record consists of the clerk s record and, if necessary to the appeal, the reporter s record. TEX. R. APP. P. 34.1. It is the appealing party s burden to ensure that the record on appeal is sufficient to resolve the issue he or she presents. Amador v. State, 221 S.W.3d 666, 675 (Tex. Crim. App. 2007); Guajardo v. State, 109 S.W.3d 456, 462 n.17 (Tex. Crim. App. 2003). In the appellate brief written by his retained counsel, Mitchell claimed that he was indigent, although he also had retained counsel during the trial of this case. We abated this appeal so that the trial court could conduct an indigency determination. At the hearing, held June 1, 2011, the trial court took testimony from Mitchell, to the effect that he could afford to continue with hired counsel, and found that Mitchell was not indigent. That determination has not been challenged. 1 Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV T CODE ANN. ยง 73.001 (West 2005). We are unaware of any conflict between precedent of the Twelfth Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3. 2 Further, no reporter s record of the suppression hearing has yet been filed. Without the reporter s record from the hearing, appellant cannot even reach first base. Guajardo, 109 S.W.3d at 462. Without that record, we may not review the merits of Mitchell s claim that the trial court failed to suppress the evidence. We affirm the judgment of the trial court. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: November 14, 2011 November 22, 2011 Do Not Publish 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.