                                     In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-11-00592-CR
                           ____________________

                        JIMMY DON PRICE, Appellant

                                        V.

                      THE STATE OF TEXAS, Appellee
_______________________________________________________           ______________

                   On Appeal from the 411th District Court
                            Polk County, Texas
                          Trial Cause No. 21122
________________________________________________________           _____________

                                     ORDER

      On February 21, 2013, we abated the appeal to provide the appellant with an

opportunity to investigate the professional licensing status of a testifying expert

witness. On March 27, 2013, appellant filed a motion to remand for a hearing “to

provide for the record” the extent to which the witness complied with the terms of

a disciplinary order of the board regulating the witness’s profession. He provides

no authority permitting an evidentiary hearing under these circumstances. The

supplementation rules cannot be used to create a new record. Berry v. State, 995

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S.W.2d 701, 702 n.5 (Tex. Crim. App. 1999); see also Tex. R. App. P. 34.5(c);

34.6(d). A new record may be created when the trial court erroneously withholds

information necessary to evaluate a defendant’s claim on appeal, but “if the error

in question is subject to the usual rules of procedural default, then it must have

been preserved by objection.” LaPointe v. State, 225 S.W.3d 513, 522 (Tex. Crim.

App. 2007); see also Tex. R. App. P. 44.4. The motion for remand is denied.

      ORDER ENTERED April 11, 2013.

                                                       PER CURIAM

Before McKeithen, C.J., Kreger and Horton, JJ.




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