Opinion
No. 04-12-00840-CR
06-03-2013
Fernando Lerma TREVINO, Appellant v. THE STATE OF TEXAS, Appellee
From the 218th Judicial District Court, Atascosa County, Texas
Trial Court No. 08-03-0110-CRA
Honorable Fred Shannon, Judge Presiding
ORDER
Two volumes of the reporter's record are missing from the appellate record. On March 4, 2013, we abated this appeal and remanded the cause to the trial court to determine whether Appellant is entitled to a new trial. See TEX. R. APP. P. 34.6(f). We ordered the trial court to hold a hearing, gather evidence on four questions pertaining to the lost volumes, and file findings of fact. The trial court held a hearing on April 8, 2013, developed a record, and made findings of fact. The supplemental clerk's and reporter's records for the hearing have been filed with this court.
On April 24, 2013, we reinstated this appeal on this court's docket and ordered Appellant to file a brief with this court by May 14, 2013, on whether Appellant is entitled to a new trial. Despite this court's two telephone inquiries to Appellant regarding the status of Appellant's brief, as of this date Appellant has not filed a motion for extension of time or a brief. Therefore, we ORDER Appellant to file a brief—on whether Appellant is entitled to a new trial—within TEN days of the date of this order. If Appellant fails to comply with this order, the State's brief on the question will be due within THIRTY days of the date of this order, and this court will consider the matter without an Appellant's brief. See id. R. 2 (authorizing this court to suspend a Rule and order a different procedure in a particular case).
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Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of June, 2013.
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Keith E. Hottle
Clerk of Court