Opinion
13-23-00519-CR
01-31-2024
OSCAR ENRIQUE GONZALEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 63rd District Court of Val Verde County, Texas.
Before Chief Justice Contreras and Justices Benavides and Tijerina
ORDER OF REINSTATEMENT AND ABATEMENT
Per Curiam
This cause is before the Court on appellant's motion for rehearing. This Court issued a memorandum opinion and judgment dismissing this appeal for want of jurisdiction on January 4, 2024. Appellant argues the Court's jurisdiction is proper due to the presentment of a motion for new trial before August 29, 2023. The Court, having fully examined and considered appellant's motion, is of the opinion that, in the interest of justice, appellant's motion should be granted.
Accordingly, we grant appellant's motion for rehearing, withdraw our previous memorandum opinion and judgment, and reinstate the appeal. The clerk's record was due on December 22, 2023, but has not been filed. See Tex. R. App. P. 35.1(a). The clerk's record is now due on or before February 9, 2024.
Additionally, the appellate jurisdiction is still unclear; and based on appellant's motion for rehearing, an inaccuracy in the record, related to the filing of a motion for new trial, is anticipated. Accordingly, the appeal should be abated for the trial court to determine whether the clerk's record correctly reflects the date a motion for new trial was filed by appellant. See id. R. 34.5(d). Accordingly, this appeal is abated, and the cause remanded to the trial court.
Upon remand, the trial court is instructed to ensure the clerk's record accurately reflects the judgment date and the date appellant's motion for new trial, if any, was filed. The trial court is directed to forward a supplemental clerk's record, including any orders rendered, and a supplemental reporter's record, if such is necessary, to this Court within thirty (30) days of the date of this order. Appellant's brief will be due thirty (30) days after the complete record has been filed with this Court. See id. R. 38.6(a).