Opinion
NUMBER 13-16-00325-CR
04-03-2017
ISAIAH CARDENAS, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the County Court at Law No. 1 of Nueces County, Texas.
ORDER OF ABATEMENT
Before Justices Contreras, Benavides, and Longoria
Order Per Curiam
This cause is before the Court on the State's motion to abate and remand for nunc pro tunc judgment. According to the State, the judgment in question has been administratively recorded as a Class A misdemeanor. The State does not dispute the conviction and agrees the judgment in question is for Class B misdemeanor DWI. The State requests this Court remand for a nunc pro tunc judgment.
Accordingly, we now ABATE this appeal and REMAND the cause to the trial court for the parties to seek a nunc pro tunc judgment specifically reflecting a conviction for Class B misdemeanor DWI. The trial court shall cause its judgment, together with any orders it may enter regarding the aforementioned issue to be included in a supplemental clerk's record. The supplemental clerk's record shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.
It is so ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 3rd day of April, 2017.