Charles Lee Pollard v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledSeptember 11, 2026
Docket01-24-00877-CR
StatusPublished
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Full Opinion
Opinion issued September 11, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-24-00877-CR
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CHARLES LEE POLLARD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court
Chambers County, Texas
Trial Court Case No. 23CCR0715
MEMORANDUM OPINION
Appellant Charles Lee Pollard appeals his conviction for driving while
intoxicated, arguing the stop that led to his arrest was unlawful and thus any
evidence collected during the stop should have been suppressed.
Because Pollard, who is not indigent, neither filed a complete reporter’s
record on appeal nor complied with the partial reporter’s record provisions of rule
34.6, we must presume the omitted parts of the reporter’s record support the
judgment. See TEX. R. APP. P. 34.6(c)(1); Fender v. State, No. 09-19-00333-CR,
2021 WL 3518889, at *4 (Tex. App.—Beaumont Aug. 11, 2021, no pet.) (mem.
op.; not designated for publication). To obtain reversal, Pollard must show that the
denial of the motion to suppress was harmful, which requires an examination of the
entire record. See TEX. R. APP. P. 44.2; Fender, 2021 WL 3518889, at *5. Absent
the entire reporter’s record (all testimony and exhibits offered at trial, including
any video and audio recordings), we cannot conduct a harm analysis. Fender,
2021 WL 3518889, at *5; Harmes v. State, No. 14-09-00871-CR, 2011 WL 32206,
at *1 (Tex. App.—Houston [14th Dist.] Jan. 4, 2011, no pet.) (mem. op.; not
designated for publication). We therefore overrule Pollard’s sole issue and affirm
the trial court’s judgment.1
Andrew Johnson
Justice
Panel consists of Chief Justice Adams and Justices Guiney and Johnson.
Do not publish. TEX. R. APP. P. 47.2(b).
1
In a motion for rehearing, Pollard may explain why he did not file the entire
reporter’s record and request leave to file it.
2