Opinion
05-23-00357-CR
10-17-2023
KENNETH WALDEN REEL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F20-32115-I
ORDER
DENNISE GARCIA, JUSTICE
We REINSTATE this appeal.
On August 15, 2023, this Court abated this appeal for the trial court to hold a hearing and make findings regarding whether and when appellant filed a motion for new trial, whether a hearing was held on the motion, whether the motion was ruled on, and the date and substance of any ruling on the motion. The order also required the court reporter to file a reporter's record of the hearing required by the order.
On October 13, 2023, a supplemental clerk's record was filed containing documents showing appellant filed a motion for new trial on May 4, 2023; the motion was presented to the trial court on May 5, 2023; no hearing was held on the motion; and the trial court denied the motion by written order on what appears to be August 24, 2023.
Accordingly, we VACATE our August 15, 2023 order to the extent that the order required the trial court to hold a hearing and make and file findings concerning the motion for new trial and to the extent the order required the court reporter to file a reporter's record of the hearing required by the August 15, 2023 order.
The record is now complete. We ORDER appellant's brief filed on or before NOVEMBER 16, 2023.
We DIRECT the Clerk to send copies of this order to the Honorable J.J. Koch, Presiding Judge Criminal District Court No. 2, Dallas County; Felicia Pitre, Dallas County District Clerk; Michelle Beltran, Official Court Reporter of Criminal District Court No. 2; and counsel for all parties.