Opinion
01-22-00279-CR
02-27-2024
Anthony Andrew Valle v. The State of Texas
338th District Court of Harris County, Texas Trial court case number: 1702650
Panel consists of: Justices Kelly, Hightower, and Countiss.
ORDER
Julie Countiss, Judge
The Texas Court of Criminal Appeals ordered that this Court abate the appeal in this case so the trial court can determine whether the file-stamped date of November 9, 2021 on appellant's election under Texas Code of Criminal Procedure article 37.07, § 2(b) to have the jury decide his punishment is a clerical error and, if so, further determine when his election was filed. State v. Valle, No. PD-0653-23 (Tex. Crim. App. Jan. 17, 2024). Accordingly, we abate the appeal and remand the cause to the trial court for a hearing at which the appellant, a representative of the District Attorney's Office, and trial counsel for appellant shall be present.
The trial court is directed to make appropriate written findings and rule on these issues:
(1)Whether appellant timely filed a request for jury trial in accordance with Texas Code of Criminal Procedure article 37.07, § 2(b).
(2)If so, whether an accurately time-stamped copy of the timely filed request exists that can be included in a supplemental clerk's record. See Tex. R. App. P. 34.5(e).
The trial court shall have a court reporter, or court recorder, record the hearing. If appellant is incarcerated, at the trial court's discretion, the hearing may be conducted by closed circuit video teleconferencing. Any such teleconference must use a closed circuit video teleconferencing system that provides for a simultaneous compressed full motion video and interactive communication of image and sound between the trial court, appellant, and any attorneys representing the State or appellant. On request of appellant, appellant and his counsel shall be able to communicate privately without being recorded or heard by the trial court or the attorney representing the State.
The trial court's findings and recommendations shall be sent to this Court no later than 60 days from the date of this order. If the hearing is conducted by video teleconference, the trial court's findings and recommendations and a certified videotape or compact disk of the hearing shall be filed in this Court no later than 60 days from the date of this order.
The appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket when the trial court's findings and recommendations are filed in this Court. The Court will also consider an appropriate motion to reinstate the appeal filed by either party. The court coordinator of the trial court shall set a hearing date and notify the parties.