EX PARTE JEFFERY KIRK WHITE (Other)

State: Texas

Docket No: WR-73,807-01

Case Date: 01/12/2011

Plaintiff: Carolyn Miller McIntosh and Donald Ray McIntosh

Defendant: The State of Texas--Appeal from 166th Judicial District Court of Bexar County

Preview:Carolyn Miller McIntosh and Donald Ray McIntosh v.
The State of Texas--Appeal from 166th Judicial District
Court of Bexar County
MEMORANDUM OPINION
No. 04-06-00871-CV
Carolyn MILLER-MCINTOSH and David Ray McIntosh,
Appellants
v.
The STATE of Texas,
Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CI-13788
Honorable David A. Berchelmann, Jr., Judge Presiding
Opinion by: Sandee Bryan Marion, Justice
Sitting: Alma L. L pez, Chief Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: September 12, 2007
AFFIRMED
Carolyn Miller-McIntosh filed an ex parte application for protective order against her common-law husband David
Ray McIntosh. At the conclusion of the hearing on the application, the trial court made an affirmative finding of family
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violence (1) and issued the protective order for a period of two years. Both Carolyn and David (collectively,
"appellants") now appeal that order.
On appeal, Carolyn asserts she informed the Bexar County District Attorney's Office that she did not want to proceed
with the protective order and she submitted a new affidavit stating she initiated the confrontation with David and she
was injured after he left the room. According to Carolyn, the District Attorney's Office refused to give the new
affidavit to the trial court. None of Carolyn's assertions are supported by the clerk's record on appeal. (2) Despite an
order from this court directing appellants to designate and pay for or make arrangements to pay for a reporter's record,
they failed to do so. As a result, appellants filed their brief without benefit of a reporter's record. See Tex. R. App. P.
37.3(c). This court may not consider allegations outside the record. See Whitehead v. State, 130 S.W.3d 866, 872 (Tex.
Crim. App. 2004). Additionally, because appellants' arguments are inadequately briefed, their argument is not
preserved for appellate review. State v. Mason, 980 S.W.2d 635, 641 n. 3 (Tex. Crim. App. 1998).
Accordingly, we overrule appellants' issue on appeal and affirm the trial court's judgment.
Sandee Bryan Marion, Justice
1. Carolyn's affidavit, attached to the application, alleged physical violence by David against her and her mother
spanning a period of two years.
2. On appeal, David does not dispute the allegations of family violence.
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