Rafael Hernandez-Prado v. State

Opinion

ACCEPTED

03-15-00289-CR

7177117

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/30/2015 7:41:51 PM

JEFFREY D. KYLE

CLERK

NO. 03-15-00289-CR

FILED IN

3rd COURT OF APPEALS

AUSTIN, TEXAS

IN THE COURT OF APPEALS

9/30/2015 7:41:51 PM

FOR THE

JEFFREY D. KYLE

THIRD SUPREME JUDICIAL DISTRICT Clerk AT AUSTIN, TEXAS

RAFAEL HERNANDEZ-PRADO,

Appellant

vs.

THE STATE OF TEXAS,

Appellee

Appeal from the 33rd Judicial District Court Cause No. 9767

Burnet County, Texas

The Honorable J. Allan Garrett, Judge Presiding

APPELLANT'S MOTION TO ABATE

Gary E. Prust State Bar No. 24056166 1607 Nueces Street Austin, Texas 78701 (512) 469-0092 Fax: (512) 469-9102 gary@prustlaw.com

ATTORNEY FOR APPELLANT

Motion to Abate Page 1 of 4 Hernandez-Prado v. State

ORAL ARGUMENT IS NOT REQUESTED

APPELLANT’S MOTION TO ABATE

Appellant, Rafael Hernandez-Prado, files this, his “Motion to Abate,” and in

support thereof shows as follows.

I.

1. Appellant appeals from an order adjudicating his guilt and a sentence

imposing 15 years confinement.

2. Concurrent with this appeal, Appellant filed an appeal from a denial of his

application for writ of habeas corpus filed pursuant to TEX. CODE CRIM. PROC. art.

11.072 (West 2015). In the trial court proceedings, Appellant’s application for a

writ of habeas corpus and the State’s request to adjudicate were heard at the same

time. IV RR 15.

3. Appellant has filed on September 30, 2015 a motion to abate with this Court

in the appeal of the companion case regarding the application for writ of habeas

corpus. In that motion, Appellant requested the Appellate Court direct the trial

court to enter written findings of fact and conclusions of law.

4. Appellant’s motion to abate, if granted, and will be beneficial, if not

necessary, to adequately address the issues raised in this appeal.

6. Accordingly, Appellant request that this Court abate this appeal along with

Motion to Abate Page 2 of 4 Hernandez-Prado v. State the appeal in cause number 03-15-00290-CR for the submission of findings of fact

and conclusions of law.

Respectfully submitted,

/s/ Gary Prust

Gary E. Prust SBN 24056166 1607 Nueces Street Austin, Texas 78701 (512) 469-0092 Fax: (512) 469-9102 gary@prustlaw.com Attorney for Appellant

Motion to Abate Page 3 of 4 Hernandez-Prado v. State

CERTIFICATE OF SERVICE

In compliance with Rule 9.5(d) of the Texas Rules of Appellate Procedure, the undersigned attorney certifies that a true and correct copy of the foregoing Motion was served Mr. Gary Bunyard of the 33rd and 424th District Attorney’s Office via electronic service through efile.txcourts.gov on this 30th day of September 2015.

/s/ Gary E Prust Gary E. Prust

CERTIFICATE OF CONFERENCE

In compliance with Rule 10.1(a)(5) of the Texas Rules of Appellate Procedure, the undersigned attorney certifies he conferred with Mr. Gary Bunyard of the 33rd and 424th District Attorney’s Office on this 30th day of September 2015, and opposing counsel neither joins nor opposes this motion.

/s/ Gary Prust Gary E. Prust

CERTIFICATE OF COMPLIANCE

Pursuant to TEX. R. APP. PROC. 9.4(i)(3), I hereby certify this brief contains 196 words. This is a computer-generated document created in Microsoft word, using 14-point typeface. In making this this certificate, I rely on the word county provided by the software use to prepare the document.

/s/ Gary Prust Gary E. Prust

Motion to Abate Page 4 of 4 Hernandez-Prado v. State