James Dade v. The State of Texas--Appeal from 12th District Court of Madison County

NO. 10-90-035-CR

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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JAMES DADE,

Appellant

v.

THE STATE OF TEXAS,

Appellee

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From 12th Judicial District Court

Madison County, Texas

Trial Court # 8527

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O P I N I O N

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Appellant was convicted of aggravated assault on a corrections officer, and a jury assessed his punishment at fifteen years in prison and a $7000 fine. He argues that the judgment should be reformed to give him credit for the 239 days he was under a detainer on this cause while in prison for another offense. On August 15, 1990, he filed a motion to supplement the transcript with any documents which reflect the date the detainer became effective or the date it was removed. His motion was granted on November 1.

On July 18, 1991, we issued an order that Appellant supplement the transcript within ten days. Appellant has failed to comply with the order, and a supplemental transcript containing information about the detainer has not been filed in this court. The record on appeal consists of the statement of facts and transcript. Tex. R. App. P. 50(a). An appellant has the burden of presenting a sufficient record to show error. Id. at 50(d).

If Appellant's assertion that he was under a detainer in this cause for 239 days while in prison for another offense is correct, he would be entitled to receive credit for the 239 days. See Ex parte Bynum, 772 S.W.2d 113 (Tex. Crim. App. 1989). The record on appeal, however, does not contain any evidence that Appellant was under a detainer on this cause while in prison for another offense. Appellant has failed to meet his burden of presenting a sufficient record on appeal. Point one is overruled and the judgment is affirmed.

BOB L. THOMAS

Chief Justice

Before Chief Justice Thomas,

Justice Cummings and

Justice Vance

Affirmed

Opinion delivered and filed August 15, 1991

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