Joseph Thomas Gabay v. State

Opinion

The State

Fourth Court of Appeals

San Antonio, Texas Monday, March 16, 2015

No. 04-14-00783-CR

Joseph Thomas GABAY,

Appellant

v.

The STATE of Texas,

Appellee

From the 216th Judicial District Court, Kendall County, Texas Trial Court No. 5442

Honorable N. Keith Williams, Judge Presiding

ORDER

By order dated February 3, 2015, this appeal was abated to the trial court for the entry of a written order containing findings of fact and conclusions of law in compliance with TEX. CODE CRIM. PROC. ANN. art. 38.22, §6.

On March 2, 2015, appellant filed a motion to withdraw this court’s order abating the appeal and a motion to dismiss the appeal for lack of jurisdiction. On March 5, 2015, appellant filed a motion to withdraw the motion appellant filed on March 2, 2015. The motion filed on March 5, 2015 is GRANTED, and the motion filed on March 2, 2015 is MOOT.

On March 16, 2015, a supplemental clerk’s record containing the trial court’s findings of fact and conclusions of law was filed. It is therefore ORDERED that this appeal is REINSTATED on the docket of this court. Appellant’s brief must be filed in this court no later than April 15, 2015.

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Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of March, 2015.

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Keith E. Hottle Clerk of Court