Opinion
13-23-00519-CR
04-22-2024
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Do not publish.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 SUPPLEMENTAL ORDER OF ABATEMENT
Before Contreras Chief Justice and Benavides and Tijerina Justices
ORDER
PER CURIAM
This cause is before the Court on the Court's own motion. On January 29, 2024, this matter was abated to the trial court to address an inaccuracy in the Clerk's record. On March 21, 2024, the clerk's record was filed and contained what appeared to be two emails from the district court coordinator. The emails together appear to demonstrate that a motion for new trial was filed with the trial court on August 29, 2023. Additionally, the docket sheet notes reflect that the motion for new trial was denied on October 25, 2023. However, the file stamp on the motion and the index both reflect the motion for new trial was filed on October 20, 2023.
In accordance with the Texas Rule of Appellate Procedure 34.5(d), the Clerk of the Court has attempted to correct this inaccuracy with the trial court clerk; however, on April 4, 2023, the district clerk indicated via telephone that all documents have been properly submitted. However, the discrepancy still exists. Therefore, the trial court is instructed to submit findings of fact and conclusions of law indicating the correct actual date the motion for new trial was filed with the trial court.
The trial court shall prepare and file its findings and orders, if any, and cause them to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order. The trial court is also directed to cause a supplemental reporter's record, if any, to be filed. 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).