Opinion
No. 05-20-00250-CR
07-07-2020
MARK ALLAN LUDWIG, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F18-55588-V
ORDER
Before the Court is appellant's July 1, 2020 motion to abate the appeal for a determination of appellant's sentence and to hold the briefing schedule in abeyance. We GRANT the motion.
The record shows the trial court orally pronounced appellant would serve eighteen months of deferred adjudication community supervision and a fine of either fifty dollars or two dollars. The trial court's docket sheet contains a handwritten entry showing the trial court placed appellant on deferred adjudication community supervision for three months. The written order of deferred adjudication states appellant was placed on deferred adjudication community supervision for three years.
We ORDER the trial court to determine the correct sentence imposed and file, within THIRTY DAYS of the date of this order, a supplemental clerk's record containing either a nunc pro tunc order of deferred adjudication reflecting the actual sentencing assessed or else findings of fact detailing that the order of deferred adjudication correctly reflects the sentencing the trial court imposed.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the findings are received or at such other time as the Court deems appropriate.
The Court will set a new due date for appellant's brief upon reinstatement of the appeal.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE