Opinion
01-23-00240-CR
04-18-2023
Devonte Terrell Adams v. The State of Texas
Trial court: 54th District Court of McLennan County No. 2020-1468-C2
ORDER OF ABATEMENT
AMPARO GUERRA JUDGE
On February 8, 2023, a jury found appellant, Devonte Terrell Adams, guilty of the felony offense of aggravated assault. Appellant filed a notice of appeal from the jury's verdict on March 3, 2023. The appellate record reflects that appellant elected for the trial court to assess his punishment. The trial court subsequently ordered a presentence investigation and reset the case for a sentencing hearing on May 17, 2023. Accordingly, as of the date appellant filed his notice of appeal, no sentence had been assessed. Appellant's notice of appeal was therefore premature. See Tex. R. App. P. 27.1(b) ("In a criminal case, a prematurely filed notice of appeal is effective and deemed filed on the same day, but after, sentence is imposed or suspended in open court, or the appealable order is signed by the trial court.").
On April 11, 2023, the State filed a motion to abate the appeal. In its motion, the State notes that Texas Rule of Appellate Procedure 25.2(g) requires that "[o]nce the record has been filed in the appellate court, all further proceedings in the trial court . . . will be suspended until the trial court receives the appellate-court mandate." See Tex. R. App. P. 25.2(g). While the prematurely filed notice of appeal may not be "effective" pursuant to Texas Rule of Appellate Procedure 27.1(b), "in order to avoid any issues regarding the trial court's jurisdiction to proceed" with the sentencing hearing, the State "is requesting that this . . . [C]ourt abate this appeal until the supplemental reporter's record and clerk's record have been filed after sentencing."
The Court grants the State's motion to abate the appeal pending the trial court's sentencing hearing set for May 17, 2023. The appeal is abated and removed from the Court's active docket. The case will be reinstated after a supplemental clerk's record and reporter's record, with records related to the trial court's sentencing of appellant, are filed with the Clerk of this Court, or on the motion of any party. The supplemental clerk's record and supplemental reporter's record are due to be filed with the Clerk of this Court within twenty days of the sentencing hearing.
It is so ORDERED.