Feliciano Cruz v. State

• Court: Court of Appeals of Texas
• Decided: August 7, 2018
• Docket: 13-17-00683-CR
• Status: Published

Opinion

NUMBER 13-17-00683-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

FELICIANO CRUZ, APPELLANT,

v.

THE STATE OF TEXAS, APPELLEE. ____________________________________________________________

On appeal from the 214th District Court of Nueces County, Texas. ____________________________________________________________

ORDER ABATING APPEAL Before Chief Justice Valdez and Justices Rodriguez and Benavides Order Per Curiam This matter is before the Court on appellant’s motion to abate appeal, extend time

for brief, and supplement record. The reporter’s record was filed on February 28, 2018.

Appellant has advised this Court that the record does not contain a hearing on the motion

for new trial. Appellant requests the deadline for filing appellant’s brief be extended until

after the reporter’s record is supplemented. When a relevant item has been omitted from the reporter’s record, the appellate

court may by letter direct the trial court clerk to prepare, certify, and file in the appellate

court a supplemental reporter’s record containing the omitted items. See TEX. R. APP. P.

34.6(d). Accordingly, appellant’s motion to supplement the reporter’s record is

GRANTED and the appeal is ABATED.

The court reporter of the 214th District Court of Nueces County is directed to

prepare a supplemental reporter’s record in this cause to include the hearing on the

motion for new trial held in trial court cause number 16CR-2706-F. The supplemental

record shall be filed with this Court within thirty days from the date of this order.

Appellant’s motion for extension of time to file the brief is GRANTED. The appeal

will be reinstated upon receipt of the supplemental reporter’s record and upon further

order of this Court.

IT IS SO ORDERED.

PER CURIAM

Do not publish. Tex. R. App. P. 47.2(b).

Delivered and filed the 7th day of August, 2018.