Moore v. State

ORDER

This Court has twice denied motions by the State to file a brief in the above cause exceeding the 50 page limit established by Rule of Appellate Procedure 38.4. Tex. R.App. P. 38.4. Thereafter, the State filed a brief on October 29, 2002 purporting to comply with Rule 38.4. On further review, the Court has determined that the State’s brief does not comply with Rule 38.4.

The State’s brief provides “a more complete statement of facts” in an appendix, which contains twelve pages of “facts relevant to [the issues presented].” Rule 38.1(j)(2) expressly provides, “Items should not be included…