Opinion
No. 05-17-00289-CR
10-23-2017
LEONARD MORNES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F15-75949-S
ORDER
We REINSTATE this appeal.
The clerk's record, filed July 5, 2017, contained the trial court's judgment stating the jury assessed punishment. The clerk's record, however, did not have a copy of the trial court's charge on punishment. On October 9, 2017, we ordered the district clerk to file a supplemental clerk's record containing the punishment charge. By letter dated October 17, 2017, the district clerk informed the Court that there was no punishment jury charge because the jury found appellant guilty of capital murder, resulting in an automatic life sentence. In light of this, we VACATE our October 9, 2017 order.
On October 12, 2017, the district clerk filed a sealed clerk's record and an amended clerk's record. We STRIKE the July 5, 2017 electronic clerk's record as duplicative.
On October 11, 2017, we ordered the trial court to hold a hearing regarding the status of appellant's brief. That order remains in effect. Accordingly, we again ABATE this appeal to allow the trial court to comply with that order. The appeal shall be reinstated on November 13, 2017 or when the findings are received, whichever occurs first.
/s/ ADA BROWN
JUSTICE