David Eugene White v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 9, 2022
• Docket: 13-21-00336-CR
• Status: Published

Opinion

NUMBER 13-21-00336-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

DAVID EUGENE WHITE, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 453rd District Court of Hays County, Texas.

ORDER OF ABATEMENT

Before Justices Longoria, Hinojosa, and Silva Order Per Curiam

This appeal is before the Court on appellant’s motions to supplement the clerk’s

record and to extend time to file appellant’s brief. The clerk’s record was filed in this matter

on October 22, 2021, and appellant indicates the clerk’s record is incomplete.

Texas Rule of Appellate Procedure 34.5(c) provides that if anything relevant is

omitted the record may be supplemented. Therefore, this appeal is abated and the cause remanded to the trial court. Upon remand, the judge of the trial court shall

determine and issue findings and conclusions regarding whether items were omitted

from the clerk’s record, and if so, whether the omitted items are relevant to the appeal.

See 34.5(c)(2). Furthermore, the trial court shall determine what steps are necessary

to ensure the prompt preparation of a complete clerk’s record and shall enter any

orders required to avoid further delay and to preserve the parties’ rights.

Therefore, appellant’s motion to supplement the clerk’s record is granted. The

trial court shall prepare and file its findings and orders and cause them, along with any

omitted items, to be included in a supplemental clerk's record which should be

submitted to the Clerk of this Court within thirty days from the date of this

order. Furthermore, the motion to extend time to file appellant’s brief is granted and

appellant’s brief is ordered due on or before thirty days after the supplemental record

is filed.

PER CURIAM

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed the 9th day of March, 2022.