Opinion
NUMBER 13-15-00129-CR
04-08-2016
BRENDON GAYTAN, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 347th District Court of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Rodriguez and Garza
OrderPer Curiam
This appeal was submitted to the Court at oral argument on April 6, 2016. That same day, the Texas Court of Criminal Appeals handed down its opinion in Ex parte Saenz, WR-80,945-01, 2016 WL 1359214 (Tex. Crim. App. Apr. 6, 2016). Texas Rule of Appellate Procedure 38.7 provides that "[a] brief may be amended or supplemented whenever justice requires, on whatever reasonable terms the court may prescribe." TEX. R. APP. P. 38.7. Given the dimension of the issues raised in this case, the Court has determined that additional briefing is necessary. Accordingly, the Court hereby requests supplemental briefing from the parties regarding the effect of Ex parte Saenz on this case. Appellant's supplemental brief shall be filed within twenty-one days from the date of this order, and appellee's supplemental brief, if any, shall be filed within fourteen days thereafter. This appeal is abated and removed from the Court's active docket until receipt of the requested briefing.
IT IS SO ORDERED.
Per Curiam Do Not Publish.
TEX. R. APP. P. 43.6. Delivered and filed the 8th day of April, 2016.