Opinion
NUMBER 13-16-00696-CR
08-08-2017
SANDY PEREZ HERNANDEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
On Appeal from the 139th District Court of Hidalgo County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Contreras, and Benavides
Order Per Curiam
This cause is before the Court on appellant's unopposed motion to supplement the clerk's record and extension of time to file the brief. The clerk's record in this cause was filed on April 4, 2017. Appellant has advised this Court that the clerk's record contains illegible bate stamped page numbers and the clerk's record is incomplete because it does not contain the sealed investigative file from the Hidalgo County Sheriff's Office. Appellant is requesting an extension to file the brief thirty days after the clerk's record is supplemented and corrected.
When a relevant item has been omitted from the clerk's record, the appellate court may by letter direct the trial court clerk to prepare, certify, and file in the appellate court a supplemental clerk's record containing the omitted item or items. See TEX. R. APP. P. 34.5(c)(1). Accordingly, appellant's motion is GRANTED.
This appeal is ABATED and the trial court clerk of the 139th District Court of Hidalgo County is directed to prepare a supplemental appellate record in this case to include the sealed investigative file from the Hidalgo County Sheriff's Office and to correct the illegible bate stamped page numbers. The supplemental record shall be filed with this Court within thirty days from the date of this order.
Appellant's motion for extension of time to file the brief is GRANTED. This appeal will be reinstated upon receipt of the supplemental record. Appellant's brief will be due thirty days after reinstatement.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed this the 8th day of August, 2017.