Opinion
04-22-00889-CR
05-23-2023
The STATE of Texas, Appellant v. Eduardo Hernandez LEYVA, Appellee
From the County Court, Kinney County, Texas Trial Court No. 13941CR Honorable Dennis Powell, Judge Presiding
ORDER
Irene Rios, Justice
The clerk's record has been filed in this appeal. The record reflects that on December 22, 2022, the State filed a notice of appeal stating its intent to appeal the trial court's order quashing the information in the underlying cause. See Tex. Code Crim. Proc. art. 44.01. However, no such order is included in the clerk's record. While the State's designation of clerk's record refers to the trial court's "Order dated December 21, 2022, granting habeas corpus relief," no such order is included in the clerk's record. Further, the trial court clerk informed this court on May 15, 2023, that it does not have such an order to include in a supplemental clerk's record.
Therefore, we ORDER the State to show cause on or before June 6, 2023 why this appeal should not be dismissed for lack of jurisdiction.