Freddy Villanueva v. the State of Texas

Court of Appeals of Texas·Decided January 11, 2023·No. 04-22-00086-CR·Published

Opinion

Fourth Court of Appeals

San Antonio, Texas

January 11, 2023

No. 04-22-00086-CR

Freddy VILLANUEVA,

Appellant

v.

The STATE of Texas,

Appellee

From the 63rd Judicial District Court, Val Verde County, Texas Trial Court No. 2021-0284-CR Honorable Sid L. Harle, Judge Presiding

ORDER

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Lori I. Valenzuela, Justice

The clerk’s record was filed on February 11, 2022, and a supplemental clerk’s record was filed on April 22, 2022. While the record contains a charge of the court applicable to the punishment phase, the record does not comply with Texas Rule of Appellate Procedure 34.5(a) in that it does not contain: (1) the charge of court and the jury’s verdict in the guilt-innocence phase; and (2) the jury’s verdict in the punishment phase. See TEX. R. APP. P. 34.5(a)(4) (requiring the record to include the court’s charge and the jury’s verdict); see also SCR 11–17 (containing charge of court for punishment phase but not jury’s verdict, being page 8 of 8). The trial court clerk is hereby ORDERED to file a supplemental clerks record, no later than January 17, 2023, that fully complies with the requirements of Rule 34.5(a).

It is so ORDERED on January 11, 2023.

PER CURIAM

ATTESTED TO: ________________________ MICHAEL A. CRUZ, CLERK OF COURT

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