Gerald Ray Barrow v. State

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-13-00046-CR

GERALD RAY BARROW, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the County Court Hale County, Texas Trial Court No. 2012C-427, Honorable Bill Coleman, Presiding

May 14, 2013

ORDER OF ABATEMENT Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant Gerald Barrow filed a notice of appeal challenging his conviction and

sentence for family violence assault causing bodily injury. He also filed in the trial court

a motion for new trial, and by order signed April 17, 2013, the trial court granted

appellant’s motion for new trial. In a letter to the parties, we questioned our continuing

appellate jurisdiction in the case. Appellant responded with a motion requesting we

abate the appeal until after the deadline for the State to file a notice of appeal from the trial court’s order or the disposition of the State’s appeal. On May 3, 2013, the State

filed a notice of appeal. See State v. Barrow, No. 07-13-0147-CR.

We therefore abate this appeal, case number 07-13-0046-CR, until reinstated by

order of this Court. See Mathews v. State, No. 05-11-00490-CR, No. 05-11-00491-CR,

No. 05-11-00492-CR, No. 05-11-00493-CR, 2013 Tex. App. Lexis 3089 (Tex.App.--

Dallas Mar. 21, 2013, n.p.h.) (mem. op., not designated for publication) (abating

defendant’s appeals during pendency of State’s appeals of orders granting new trials).

It is so ordered.

Per Curiam

Do not publish.