Freddy Villanueva v. the State of Texas

Court of Appeals of Texas

Freddy Villanueva v. the State of Texas

DecidedJanuary 11, 2023

Docket04-22-00086-CR

StatusPublished

This text of Freddy Villanueva v. the State of Texas (Freddy Villanueva v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Freddy Villanueva v. the State of Texas, (Tex. Ct. App. 2023).

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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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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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Freddy Villanueva v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freddy-villanueva-v-the-state-of-texas-texapp-2023.