conduct the new trial hearing, as well as appellant's supplemental briefs.
Appellant's nine points of error present two core issues. In his first six points, as well as his ninth point, he argues he did not receive the effective assistance of counsel mandated by the federal constitution. In each point, he alleges a separate theory why his trial counsel's performance was deficient. In his remaining points, he challenges the accuracy of the record. In his seventh point, he particularly assigns error to the admission of affidavits at the hearing on his motion for new trial. In his eighth point, appellant argues he is entitled to a new trial because exhibits that should have been included in the record were "lost."
In its brief, the State initially argues the trial courtstatement to police, 3) his attorney's notes concerning a telephone conversation mentioning a plea bargain offer from the State, and 4) an affidavit of Robert Peacock, Jr., an alleged second victim of an uncharged extraneous offense. The first two items arose in appellant's original sentencing hearing, and the second two concern the hearing on his motion for new trial. Former Rule 50(e) applied to both the clerk's record (transcript) and the reporter's record (statement of facts). However, because the present rule only provides for a new trial when the reporter's record is incomplete due to loss or destruction of records, we will consider appellant's argument as intending to rely on present Rule 34.6(f).
The first requirement of the rule is that appellant make a timely request for the reporter's