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Nino v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 27, 2015
No. 05-14-00787-CR (Tex. App. Apr. 27, 2015)

Opinion

No. 05-14-00787-CR

04-27-2015

ARMANDO OVIEDO NINO, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 282nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F13-55053-S

ORDER

The Court REINSTATES this appeal.

On January 15, 2015, we ordered the trial court to make findings regarding why appellant's brief has not been filed and to make findings regarding State's Exhibit no. 1. We have received both appellant's and the State's briefs. Accordingly, we VACATE the January 15, 2015 order to the extent it requires findings regarding appellant's brief.

We GRANT appellant's February 19, 2015 motion to extend time to file his brief and the State's March 31, 2015 motion to extend time to file its brief. We ORDER the two briefs filed as of the date of this order.

To date, we have not received the trial court's findings regarding State's Exhibit no. 1 or a copy of State's Exhibit no. 1 in a readable format, nor have we received a response to either of two letters inquiring about the status of the findings regarding the exhibit. The appeal cannot proceed to submission until the issue of State's Exhibit no. 1 is resolved.

Accordingly, this Court ORDERS Amber Givens, Presiding Judge of the 282nd Judicial District Court, to make findings regarding whether the DVD exhibit identified as State's Exhibit no. 1 can be converted to MP4 format or another format apart from an .AXE file. If the Honorable Amber Givens finds that that the DVD exhibit can be converted to MP4 or another format other than an .AXE, the Court shall also make a finding as to the type of format and the date by which a new copy of State's Exhibit no. 1 will be filed.

We ORDER the Honorable Amber Givens, Presiding Judge of the 282nd Judicial District Court, to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within TWENTY-ONE DAYS of the date of this order.

We ABATE the appeal to allow the Honorable Amber Givens to comply with the above order. The appeal shall be reinstated twenty-one days from the date of this order or when the findings are received, whichever is earlier.

/s/ ADA BROWN

JUSTICE


Summaries of

Nino v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 27, 2015
No. 05-14-00787-CR (Tex. App. Apr. 27, 2015)
Case details for

Nino v. State

Case Details

Full title:ARMANDO OVIEDO NINO, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 27, 2015

Citations

No. 05-14-00787-CR (Tex. App. Apr. 27, 2015)