John Joe Avalos v. State

Court of Appeals of Texas·Decided November 27, 2019·No. 04-19-00193-CR·Published

Opinion

Fourth Court of Appeals San Antonio, Texas November 27, 2019

Nos. 04-19-00192-CR & 04-19-00193-CR

John Joe AVALOS, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court Nos. 2018CR7068 & 2018CR10374 Honorable Lori I. Valenzuela, Judge Presiding

ORDER Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

The parties’ joint motion to abate and remand is granted. We order these appeals ABATED and the cases REMANDED for the trial court to make a factual finding as to whether appellant is intellectually disabled by December 17, 2019. We order any finding reduced to writing and filed in a supplemental clerk’s record within 5 days after the finding is made. We further order this appeal reinstated upon the filing of the supplemental clerk’s record containing the trial court’s finding.

It is so ORDERED on November 27, 2019.

PER CURIAM

ATTESTED TO: _________________________ MICHAEL A. CRUZ, Clerk of Court

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