NO. 07-06-0349-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
OCTOBER 19, 2006
______________________________
ALEX M. FLORES, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 364TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2005-409540; HONORABLE BRADLEY S. UNDERWOOD, JUDGE
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
ON ABATEMENT AND REMAND
Appellant, Alex Martinez Flores, appeals his conviction for possession of a
controlled substance (cocaine) in an amount less than 200 grams but at least four grams
and sentence of 30 years incarceration in the Institutional Division of the Texas
Department of Criminal Justice. For the reasons stated herein, we abate and remand.
After a careful examination of the clerk’s record, we are unable to determine the
date sentence was imposed in open court. The judgment indicates that sentence was
imposed on June 15, 2006 and on August 24, 2006. Because the date sentence is
imposed in open court is essential in determining the time in which an appeal may be
perfected, see TEX . R. APP. P. 26.2, we now abate and remand the cause to the trial court
for a determination of the appropriate sentencing date. We direct the trial court clerk to
forward a corrected order which consistently reflects the date sentence was imposed in
open court to the Clerk of this Court in a supplemental clerk’s record by Tuesday,
November 14, 2006.
It is so ordered.
Per Curiam
Do not publish.
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