Opinion
Appellate case number: 01-19-00878-CRAppellate case number: 01-19-00879-CR
09-22-2020
Kevin Antonio Caballero v. The State of Texas
ABATEMENT ORDER Trial court case numbers: 1594160; 1594161 Trial court: 337th District Court of Harris County
Appellant, Kevin Caballero, has filed a motion to abate these appeals and remand to the trial court to consider a motion for new trial. Appellant asserts that he was without counsel during the thirty-day time period for filing a motion for new trial. See TEX. R. APP. P. 21.4(a) ("The defendant may file a motion for new trial before, but no later than 30 days after, the date when the trial court imposes or suspends sentence in open court."). More than ten days have elapsed since the filing of the abatement motion with our Court, and a response has not been filed. See TEX. R. APP. P. 10.3(a). We grant appellant's motion, abate this appeal, and remand the case to the trial court.
On remand, appellant shall file his motion for new trial with the trial court within 30 days of the date of this order. The motion for new trial must address both (1) appellant's claim that he was without counsel during the thirty-day time period to file a motion for new trial after his sentence was imposed and (2) the basis for the trial court granting a new trial.
The trial court shall conduct a hearing on appellant's motion for new trial within 30 days after the motion is filed. The trial court shall have a court reporter, or court record, record the hearing. The trial court clerk is directed to file a supplemental clerk's record containing the trial court's findings, recommendations, and orders, including the order granting or denying a new trial, with this Court within 30 days of the date of the hearing. The court reporter is directed to file the reporter's record of the hearing within 30 days of the date of the hearing.
These appeals are abated, treated as closed cases, and removed from this Court's active docket. The appeals will be reinstated on this Court's active docket when the supplemental clerk's record and the reporter's record of the hearing on the motion for new trial are filed with the Clerk of this Court.
It is so ORDERED.
Judge's signature: /s/ Sarah B. Landau
Acting individually
Date: September 22, 2020