Marco Medrano v. State

Opinion

NUMBER 13-17-00150-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

MARCO MEDRANO, Appellant, v.

THE STATE OF TEXAS, Appellee.

On appeal from the 319th District Court of Nueces County, Texas.

ORDER

Before Justices Rodriguez, Contreras, and Hinojosa Order Per Curiam

The State filed a motion for rehearing in this matter on April 5, 2018. The State asserts that for purposes of enhancing of appellant’s sentence, appellant had a prior felony conviction for burglary, which is shown by appellant’s presentence investigation report. After due consideration, the Court has determined that supplementation of the motion is necessary. See TEX. R. APP. P. 49.1 (“The motion must clearly state the points

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relied on for the rehearing.”); see also id. R. 49.3. By this order, the Court hereby requests that the State supplement its motion for rehearing to address how the presentence investigation report sufficiently evidences any prior conviction that may support a sentence enhancement. See id. R. 49.3; see also id. R. 49.6; TEX. PENAL CODE ANN. § 12.42 (West, Westlaw through 2017 1st C.S.). Supplementation shall be filed within twenty-one days from the date of this order.

The Court hereby further requests a response from appellant. See TEX. R. APP.

P. 49.2. Appellant’s response, if any, shall be filed within twenty-one days after the State’s supplementation. See id.

IT IS SO ORDERED.

PER CURIAM

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed the 12th day of April, 2018.