James Garza v. State

Opinion

The State of

Fourth Court of Appeals San Antonio, Texas July 10, 2014

No. 04-11-00891-CR

James GARZA, Appellant

v.

The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR12648A Honorable Melisa Skinner, Judge Presiding

ORDER On July 7, 2014, the Texas Court of Criminal Appeals issued the mandate in this appeal in which it ordered our prior judgment reversed and the matter remanded to this court for further proceedings in accordance with its decision. Accordingly, the parties may file amended briefs in this court in light of the decision by the Court of Criminals, and we note that amended briefs are encouraged in this matter. Any amended briefs should include argument with regard to the issue raised in Presiding Judge Sharon Keller’s dissent, i.e., the conflicting evidence as to appellant’s age at the time of the offense and its effect on a direct appeal.

We ORDER appellant to file his amended brief, if any, in this court on or before August 11, 2014. The State’s amended brief, if any, will be due in this court thirty days after the date appellant’s amended brief is filed. If either party chooses not to file an amended brief, that party is ORDERED to notify this court of such fact in writing on or before July 21, 2014. If appellant decides not to file an amended brief, the State may still file an amended brief, and such brief will be due thirty days after the date appellant advises this court in writing that he does not intend to file an amended brief.

We order the clerk of this court to serve copies of this order on appellant and all counsel.

_________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of July, 2014.

___________________________________ Keith E. Hottle Clerk of Court