Rios v. State

I respectfully dissent. Appellant’s counsel has filed a motion for rehearing belatedly in which he now requests permission to supplement the record with a statement of facts not filed prior to original submission of this cause. For the reasons stated below, I would deny this last motion.

On October 7, 1988, this Court sent a letter to counsel stating that “the statement of facts (2 volumes) in the above cause was this day marked ‘received’ in this Court." The letter instructed counsel to file a motion for leave to file the statement of facts. After the motion was filed and granted, we notified…