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Gonzalez v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Aug 14, 2017
NUMBER 13-16-00361-CR (Tex. App. Aug. 14, 2017)

Opinion

NUMBER 13-16-00361-CR

08-14-2017

FRANK GONZALEZ, Appellant, v. THE STATE OF TEXAS Appellee.


On appeal from the 214th District Court of Nueces County, Texas.

ORDER

Before Justices Rodriguez, Contreras, and Benavides
Order Per Curiam

This cause is before the Court on appellant's motion to abate the appeal, to extend time for filing brief, and to supplement the record. Appellant has advised this Court that the reporter's record does not contain the transcript of a hearing on a motion for new trial, and that the clerk's record does not contain a complete docket sheet showing that a motion for new trial hearing was conducted. Appellant's motion requests that we abate the appeal so that the record may be supplemented with the aforementioned items and that we extend the deadline for filing the appellant's brief for thirty days after the record may be so supplemented.

When a relevant item has been omitted from the clerk's record, we may direct the trial court clerk to prepare, certify, and file in the appellate court a supplemental clerk's record containing the omitted item or items. TEX. R. APP. P. 34.5(c)(1). When a relevant item has been omitted from the reporter's record, we may direct the official court reporter to prepare, certify, and file in the appellate court a supplemental reporter's record containing the omitted items. TEX. R. APP. P. 34.6(d).

Having reviewed the record and appellant's motion, we find that the record should be supplemented as requested by appellant. Accordingly, appellant's motion is GRANTED and the appeal is ABATED until further order of this Court.

The trial court clerk of the 214th District Court of Nueces County is directed to prepare and certify a supplemental appellate record in this case to include the complete docket sheet showing whether a motion for new trial hearing was held in trial court cause number 07-CR-2257-F. The supplemental clerk's record shall also include any orders rendered by the trial court on appellant's motion for new trial.

The official court reporter of the 214th District Court of Nueces County is directed to prepare and certify a supplemental reporter's record in this cause to include the transcript of a motion for new trial hearing in trial court cause number 07-CR-2257-F.

The supplemental reporter's and clerk's records shall be filed with this Court within THIRTY days from the date of this order. Appellant's brief shall be due THIRTY days after both the supplemental reporter's and clerk's records are filed with this Court.

IT IS SO ORDERED.

PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b) Delivered and filed the 14th day of August, 2017.


Summaries of

Gonzalez v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Aug 14, 2017
NUMBER 13-16-00361-CR (Tex. App. Aug. 14, 2017)
Case details for

Gonzalez v. State

Case Details

Full title:FRANK GONZALEZ, Appellant, v. THE STATE OF TEXAS Appellee.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Aug 14, 2017

Citations

NUMBER 13-16-00361-CR (Tex. App. Aug. 14, 2017)