Lashonda Rudolph v. State

• Court: Court of Appeals of Texas
• Decided: April 28, 2016
• Docket: 09-14-00072-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-14-00072-CR ________________

LASHONDA RUDOLPH, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 11-11650 __________________________________________________________________

ORDER

Upon submission of the above-referenced appeal, this Court has determined

that the appellant has been prevented from properly presenting her case to the

Court of Appeals by the trial court’s failure to include in its cumulation order

sufficient information to allow this court to determine whether the cumulation

order contained in the written judgment accurately reflects the prior convictions

identified in the oral pronouncement and admitted to by Rudolph during the

1 revocation hearing. See Tex. R. App. P. 44.4(a). Because the error is remediable,

we must remand the case to the trial court. See Tex. R. App. P. 44.4(b).

It is, therefore, ORDERED that the appeal is ABATED and the cause is

REMANDED to the trial court to: (1) ascertain the date of the prior conviction(s),

the term of years of the prior conviction(s), the trial court number of the prior

conviction(s), the nature of the prior conviction(s), and the correct name of the

court where the prior conviction(s) were entered; and (2) enter a corrected

judgment reciting the required information. For this purpose, if the parties cannot

reach an agreement to provide the information, the trial judge shall conduct such

hearings as may be necessary, make appropriate findings and recommendations,

and prepare a record of the proceedings.

The record of the hearing, including any orders and findings of the trial court

judge, shall be sent to the appellate court for filing in the above-referenced appeal.

The transcript of the court reporter’s notes from any hearing, the findings and

recommendations of the trial court judge, and the corrected judgment are to be

filed on or before May 30, 2016.

ORDER ENTERED April 28, 2016.

PER CURIAM

Before Kreger, Horton, and Johnson, JJ.