Opinion
No. 04-17-00230-CR
06-28-2017
Kerry GITTENS, Appellant v. The STATE of Texas, Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR11181
Honorable Dick Alcala, Judge Presiding
ORDER
The trial court entered a written judgment sentencing appellant Kerry Gittens to fifty years in prison. Gittens appealed the written judgment in appeal No. 04-16-00646-CR. However, because Gittens was a fugitive at the time of the sentencing, the sentence was not pronounced in his presence. On January 25, 2017, we dismissed Gittens's appeal for lack of jurisdiction. See Gittens v. State, No. 04-16-00646-CR (Tex. App.—San Antonio, Jan. 25, 2017).
Therafter, Gittens was apprehended, and the trial court conducted a sentencing hearing during which the trial court orally pronounced the sentence in Gittens's presence. Thereafter, Gittens filed a notice of appeal in appeal No. 04-17-00230-CR.
The clerk of the court is instructed to transfer the reporter's record from appeal No. 04-16-00646-CR to appeal No. 04-17-00230-CR in the interest of efficient administration. Upon such transfer, the record in appeal No. 04-17-00230-CR is completed. It is ORDERED that appellant's brief is due on or before July 28, 2017.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk