Opinion
No. 04-18-00786-CR
01-24-2019
The STATE of Texas, Appellant v. Francisco Antonio RODRIGUEZ, Appellee
From the County Court, Kinney County, Texas
Trial Court No. 10047CR
Honorable Spencer W. Brown, Judge Presiding
ORDER
The State filed a notice of appeal in this appeal on October 22, 2018, stating it was appealing the Order on Motion to Recuse and Jeopardy Motion for Dismissal signed by the trial court on October 15, 2018. The clerk's record was filed in this appeal on December 28, 2018; however, the clerk's record did not contain an appealable order.
After reviewing the order referenced in the notice of appeal that is contained in the clerk's record in other appeals, it appeared the trial court struck through the underlying trial court cause number on the exhibit listing the trial court cause numbers to which the trial court's ruling applied. Accordingly, by order dated January 3, 2019, the State was ordered to show cause in writing by January 17, 2019, why this appeal should not be dismissed for lack of jurisdiction because no final, appealable order had been entered in the underlying cause. On January 16, 2019, the State filed a response to the motion stating he had conferred with defense counsel, and they believed the trial judge intended for his ruling to apply to the underlying trial court cause number. It is therefore ORDERED that this appeal is abated to the trial court to allow the Honorable Spencer W. Brown to clarify whether his order dated October 15, 2018 applies to trial court cause number 10047CR. It is FURTHER ORDERED that Judge Spencer cause a supplemental clerk's record to be filed in this appeal no later than February 11, 2019, containing a clarification order regarding his ruling.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of January, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court