IN THE
TENTH COURT OF APPEALS
No. 10-08-00054-CR
Tashawna Annette Vanhardenberg,
Appellant
v.
The State of Texas,
Appellee
From the 52nd District Court
Coryell County, Texas
Trial Court No. FAM-07-18813
ORDER
While researching to prepare a brief on appeal, counsel for Tashawana Vanhardenberg discovered that the trial court considered a presentence investigation report when determining Vanhardenberg’s punishment. The presentence investigation report is not a part of the record on appeal. Counsel has been informed that no presentence investigation report exists in the court’s file.
Vanhardenberg’s motion to abate is granted. This appeal is abated to the trial court to hold a hearing within 30 days of the date of this order to determine if the presentence investigation report exists. If it exists, the trial court clerk must include the presentence investigation report in a supplemental the clerk’s record. If the presentence investigation report does not exist, the trial court must determine if an accurate copy exists; and if so, order that copy to be included in a supplemental clerk’s record. Tex. R. App. P. 34.5(e).
The trial court clerk must supplement the clerk’s record with the findings of the trial court and the presentence investigation report, or an accurate copy thereof, if either exists, within 21 days from the date of the hearing.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Motion granted
Appeal abated
Order issued and filed December 23, 2008
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